Lombard v. Rawson-Neill Mental Facility ( 2021 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 JENNIFER LOMBARD, ) 4 ) Plaintiff, ) Case No.: 2:21-cv-01582-GMN-EJY 5 vs. ) 6 ) ORDER RAWSON-NEILL MENTAL FACILITY, ) 7 ) Defendant. ) 8 ) 9 Pending before the Court is the Report and Recommendation, (ECF No. 4), of United 10 States Magistrate Judge Elayna J. Youchah, which recommends that this case should be 11 dismissed without prejudice for failure to comply with the Court’s September 15, 2021, Order. 12 A party may file specific written objections to the findings and recommendations of a 13 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 14 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 15 determination of those portions to which objections are made. Id. The Court may accept, reject, 16 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 17 28 U.S.C. § 636(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to object, however, the Court 18 is not required to conduct “any review at all . . . of any issue that is not the subject of an 19 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985) (citing 28 U.S.C. § 636(b)(1)). Indeed, 20 the Ninth Circuit has recognized that a district court is not required to review a magistrate 21 judge’s R&R where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 22 F.3d 1114, 1122 (9th Cir. 2003). 23 /// 24 /// 25 /// 1 Here, no objections were filed, and the deadline to do so has passed. (See Min. Order, 2 ECF No. 4) (setting a December 1, 2021, deadline for objections). 3 Accordingly, 4 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 4), is 5 ACCEPTED and ADOPTED in full. 6 IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. 7 The Clerk is instructed to close the case. 8 Dated this ___3_ day of December, 2021. 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