Foster v. State of Nevada Department of Corrections ( 2024 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * * 7 SEAN FOSTER, Case No. 2:23-cv-01134-RFB-BNW 8 Plaintiff, ORDER 9 v. 10 STATE OF NEVADA, et al., 11 Defendants. 12 13 Before the Court for consideration is the Report and Recommendation (ECF No. 2) of the 14 Honorable Brenda Weksler, United States Magistrate Judge, entered October 18, 2023. 15 A district court “may accept, reject, or modify, in whole or in part, the findings or 16 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific 17 written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 18 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is 19 required to “make a de novo determination of those portions of the report or specified proposed 20 findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local 21 Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct 22 “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge. 23 Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due 24 by November 1, 2023. No objections have been filed. The Court has reviewed the record in this 25 case and concurs with the Magistrate Judge’s recommendations. 26 The Court further finds from the record that the mailed copy of the Report and 27 Recommendation was returned as undeliverable as Mr. Foster was discharged on or before October 28 19, 2023. ECF No. 5. Therefore, the Court would be disposed to consider a Motion for 1 | Reconsideration timely filed under Federal Rule of Civil Procedure 59(e). 2 3 IT IS THEREFORE ORDERED that Plaintiffs case be dismissed without prejudice. 4 The Clerk of Court is instructed to close this case. 5 The Clerk of Court is instructed to serve a copy of this Order upon the Plaintiff at his last known address. 7 8 | DATED: January 9, 2024. Ko 1 CWS i RICHARD F. BOULWARE, IT UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-