Xing v. USA Good Travel and Tour Inc. ( 2023 )

2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 ZIHENG XING, Case No. 2:20-cv-01593-MMD-BNW 7 Plaintiff, ORDER v. 8 9 USA GOOD TRAVEL AND TOUR INC., et al., 10 Defendants. 11 12 Before the Court is the Report and Recommendation of United States Magistrate 13 Judge Brenda N. Weksler (ECF No. 31 (“R&R”)), recommending the Court enter default 14 against Defendant USA Good Travel and Tour Inc. (“Good Travel”). Judge Weksler 15 recommends default be entered because Good Travel has failed to retain counsel to 16 represent it despite repeated warnings and extensions of the deadline for Good Travel to 17 retain counsel. (Id.; ECF Nos. 19, 26.) No objection has been filed and the deadline to do 18 so has expired. 19 This Court “may accept, reject, or modify, in whole or in part, the findings or 20 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where, as here, 21 a party fails to object to a magistrate’s recommendation, the Court is not required to 22 conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas 23 v. Arn, 474 U.S. 140, 149 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114 24 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and recommendations 25 is required if, but only if, one or both parties file objections to the findings and 26 recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory Committee Notes 27 (1983) (providing that the court “need only satisfy itself that there is no clear error on the 28 1 || face of the record in order to accept the recommendation”). The Court accordingly adopts 2 || Judge Weksler’s R&R. 3 It is therefore ordered the Report and Recommendation of United States Magistrate 4 || Judge Brenda N. Weskler (ECF No. 31) is accepted and adopted in full. 5 It is further ordered that the Clerk of Court enter default against Defendant USA 6 || Good Travel and Tour Inc. 7 It is further ordered that Plaintiff has 14 days from the date of entry of this order to 8 || file a motion for default judgment against Good Travel. 9 DATED THIS 13" Day of February 2023. 10 12 □□□□□□□□□□□□□□□□□□□□□□□□□□ 13 CHIEF UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28