McDonald v. City of Las Vegas/State of NV ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 MICHAEL MCDONALD, ) 4 ) Plaintiff, ) Case No.: 2:18-cv-02271-GMN-BNW 5 vs. ) 6 ) ORDER CITY OF LAS VEGAS, et al., ) 7 ) Defendant. ) 8 ) ) 9 ) 10 11 Pending before the Court is the Report and Recommendation (“R&R”) of United States 12 Magistrate Judge Brenda Weksler, (ECF No. 8), which recommends that Plaintiff Michael 13 McDonald’s (“Plaintiff’s”) case be dismissed without prejudice for failure to either apply to 14 proceed in forma pauperis or pay the filing fee. 15 A party may file specific written objections to the findings and recommendations of a 16 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 17 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 18 determination of those portions to which objections are made. Id. The Court may accept, reject, 19 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 20 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 21 not required to conduct “any review at all . . . of any issue that is not the subject of an 22 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 23 that a district court is not required to review a magistrate judge’s report and recommendation 24 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 25 1122 (9th Cir. 2003). 1 Here, no objections were filed, and the deadline to do so, November 1, 2019, has passed. 2 (Min. Order, ECF No. 8). 3 Accordingly, 4 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 8), is 5 ACCEPTED AND ADOPTED in full. 6 IT IS FURTHER ORDERED that Plaintiff’s case is DISMISSED without prejudice. 7 DATED this _3__ day of December, 2019. 8 9 10 ___________________________________ Gloria M. Navarro, District Judge 11 United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25