Lopez v. Maningo ( 2023 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 ROBERT C. LOPEZ, Case No. 2:21-cv-00940-ART-VCF 7 Plaintiff, ORDER v. 8 LANCE MANINGO, et al., 9 Defendants. 10 11 Pro se Plaintiff Robert Lopez (“Lopez”) brings this action under 42 U.S.C. § 12 1983. Before the Court is the Report and Recommendation (“R&R” or 13 “Recommendation”) of United States Magistrate Judge Cam Ferenbach (ECF No. 14 10), recommending that that Plaintiff’s action be dismissed. For the reasons set 15 forth below the Court will adopt the R&R in full. 16 The Court “may accept, reject, or modify, in whole or in part, the findings 17 or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where 18 a party fails to object to a magistrate judge’s recommendation, the Court is not 19 required to conduct “any review at all . . . of any issue that is not the subject of 20 an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985); see also United States v. 21 Reyna-Tapia, 328 F.3d 1114, 1116 (9th Cir. 2003) (“De novo review of the 22 magistrate judges’ findings and recommendations is required if, but only if, one 23 or both parties file objections to the findings and recommendations.”) (emphasis 24 in original); Fed. R. Civ. P. 72, Advisory Committee Notes (1983) (providing that 25 the Court “need only satisfy itself that there is no clear error on the face of the 26 record in order to accept the recommendation.”). 27 Judge Ferenbach previously dismissed Lopez’s Complaint without 28 1 || his order he warned that “[flailure to timely file an amended complaint that 2 || addresses the deficiencies noted in this order may result in a recommendation 3 || for dismissal|.]” Jd. Plaintiff has not filed an amended complaint or an objection to his order, and the deadline to do so has passed. Judge Ferenbach 5 || recommends that for the reasons discussed in his screening order (ECF No. 9) 6 || Plaintiff's case should be dismissed. 7 Plaintiff did not object to the R&R. Because there is no objection, the Court 8 || need not conduct de novo review, and is satisfied Magistrate Judge Ferenbach 9 || did not clearly err. Having reviewed the R&R and the record in this case, the 10 || Court will adopt the R&R in full. 11 IT IS THEREFORE ORDERED that Magistrate Judge Ferenbach’s Report 12 || and Recommendation (ECF No. 10) is accepted and adopted in full; 13 IT IS FURTHER ORDERED that this action is DISMISSED WITH 14 || PREJUDICE; 15 IT IS FURTHER ORDERED that the Clerk enter Judgment and 16 || administratively close this case. 17 18 DATED THIS 12t® Day of July 2023. 19 20 An jad Tb 21 ANNE R. TRAUM 39 UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28