Washington v. State of Nevada ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 DEYAWN WASHINGTON, ) 4 ) Plaintiff, ) Case No.: 2:18-cv-00809-GMN-BNW 5 vs. ) 6 ) ORDER STATE OF NEVADA, et al., ) 7 ) Defendants. ) 8 ) 9 10 Pending before the Court is the Report and Recommendation of United States 11 Magistrate Judge Brenda Weksler, (ECF No. 15), which recommends that Plaintiff Deyawn 12 Washington’s (“Plaintiff”) case be dismissed without prejudice. 13 Plaintiff has failed to update his address with the Court pursuant to Local Rule IA 3-1, 14 which provides that failure to comply may result in “…the dismissal of the action, entry of 15 default judgment, or other sanctions as deemed appropriate by the court.” D. Nev. Local R. IA 16 3-1. 17 A party may file specific written objections to the findings and recommendations of a 18 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 19 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 20 determination of those portions to which objections are made. Id. The Court may accept, reject, 21 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 22 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 23 not required to conduct “any review at all . . . of any issue that is not the subject of an 24 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 25 that a district court is not required to review a magistrate judge’s report and recommendation 1 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 2 1122 (9th Cir. 2003). 3 Here, no objections were filed, and the deadline to do so has passed. 4 Accordingly, 5 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 15), is 6 ACCEPTED and ADOPTED in full. 7 IT IS FURTHER ORDERED that Plaintiff’s case is DISMISSED without prejudice. 8 IT IS FURTHER ORDERED that the Motion for Leave to Proceed in forma pauperis, 9 (ECF No. 7), is DENIED as moot. 10 The Clerk of Court shall close this case and enter judgment accordingly. 11 DATED this _2_3__ day of December, 2019. 12 13 ___________________________________ Gloria M. Navarro, District Judge 14 United States District Court 15 16 17 18 19 20 21 22 23 24 25