Bailon v. Pollen Presents ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 JOLIE BAILON, ) 4 ) Plaintiff, ) Case No.: 2:23-cv-01742-GMN-EJY 5 vs. ) 6 ) ORDER ADOPTING POLLEN PRESENTS, et al., ) REPORT AND RECOMMENDATION 7 ) Defendants. ) 8 ) 9 Pending before the Court are the Report and Recommendations (“R&Rs”), (ECF Nos. 10 100, 101), of United States Magistrate Judge Elayna J. Youchah, which recommend (1) 11 denying Plaintiff’s request for leave to amend with prejudice and (2) dismissing her case 12 without prejudice such that if Plaintiff has state common law claims that she believes are 13 viable, Plaintiff may bring those claims before the Eighth Judicial District Court for Clark 14 County, Nevada. 15 A party may file specific written objections to the findings and recommendations of a 16 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 17 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 18 determination of those portions to which objections are made if the Magistrate Judge’s findings 19 and recommendations concern matters that may not be finally determined by a magistrate 20 judge. D. Nev. R. IB 3-2(b). The Court may accept, reject, or modify, in whole or in part, the 21 findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. R. 22 IB 3-2(b). Where a party fails to object, however, the Court is not required to conduct “any 23 review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 24 140, 149 (1985) (citing 28 U.S.C. § 636(b)(1)). Indeed, the Ninth Circuit has recognized that a 25 district court is not required to review a magistrate judge’s R&R where no objections have been 1 filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003). 2 Here, no objections were filed, and the deadlines to do so have passed. (See R&Rs, ECF 3 Nos. 100, 101) (setting January 31, 2024, and February 1, 2024, deadlines for objections). 4 Accordingly, 5 IT IS HEREBY ORDERED that the Report and Recommendations, (ECF Nos. 100, 6 101), are ACCEPTED and ADOPTED in full. 7 IT IS FURTHER ORDERED that the case is DISMISSED without prejudice. 8 IT IS FURTHER ORDERED that the Clerk of Court is instructed to close the case. 9 Dated this __9__ day of February, 2024. 10 11 ___________________________________ Gloria M. Navarro, District Judge 12 United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25