Gomez v. Clark County School District ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 TERRI GOMEZ, ) 4 ) Plaintiff, ) Case No.: 2:19-cv-00545-GMN-VCF 5 vs. ) 6 ) ORDER ) 7 CLARK COUNTY SCHOOL DISTRICT, et ) al., ) 8 ) Defendants. ) 9 ) 10 11 Pending before the Court is the Report and Recommendation (“R&R”) of United States 12 Magistrate Cam Ferenbach, (ECF No. 17), which recommends that Plaintiff Terri Gomez’s 13 case be dismissed with prejudice. On July 19, 2019, Judge Ferenbach issued an Order, (ECF 14 No. 14), dismissing Plaintiff’s Second Amended Complaint without prejudice. The Order 15 provided Plaintiff the opportunity to cure the deficiencies of the Second Amended Complaint in 16 a third amended complaint filed by August 19, 2019. (Order 4:10–12). The Order notified 17 Plaintiff that if she fails to file a third amended complaint, “the Court will recommend that the 18 second amended complaint be dismissed with prejudice.” (Id.) Plaintiff neither filed a third 19 amended complaint, nor did she object to Judge Ferenbach’s R&R to dismiss the case with 20 prejudice. 21 A party may file specific written objections to the findings and recommendations of a 22 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 23 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 24 determination of those portions to which objections are made. Id. The Court may accept, reject, 25 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 1 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 2 not required to conduct “any review at all . . . of any issue that is not the subject of an 3 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 4 that a district court is not required to review a magistrate judge’s report and recommendation 5 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 6 1122 (9th Cir. 2003). 7 Here, no objections were filed, and the deadline to do so, September 27, 2019, has 8 passed. (Min. Order, ECF No. 17). 9 Accordingly, 10 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 17), is 11 ADOPTED in full. 12 IT IS FURTHER ORDERED that Plaintiff’s Second Amended Complaint, (ECF No. 13 9), is DISMISSED with prejudice. 14 The Clerk of the Court shall enter judgment accordingly and close the case. 15 DATED this ___8__ day of October, 2019. 16 17 18 19 ___________________________________ Gloria M. Navarro, District Judge 20 United States District Court 21 22 23 24 25