Warren v. Staysaver Vacations, LLC ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 LEONARD C. WARREN, ) 4 ) Plaintiff, ) Case No.: 2:21-cv-01208-GMN-EJY 5 vs. ) 6 ) ORDER ADOPTING R&R STAYSAVER VACATIONS, LLC, ) 7 ) Defendant. ) 8 ) 9 Pending before the Court is the Report and Recommendation (R&R), (ECF No. 19), of 10 United States Magistrate Judge Elayna J. Youchah, which recommends the Court dismiss this 11 action without prejudice because Plaintiff failed to comply with the Court’s Order requiring 12 Plaintiff to update his address, (ECF No. 18). 13 A party may file specific written objections to the findings and recommendations of a 14 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 15 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 16 determination of those portions to which objections are made. Id. The Court may accept, reject, 17 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 18 28 U.S.C. § 636(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to object, however, the Court 19 is not required to conduct “any review at all . . . of any issue that is not the subject of an 20 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985) (citing 28 U.S.C. § 636(b)(1)). Indeed, 21 the Ninth Circuit has recognized that a district court is not required to review a magistrate 22 judge’s report and recommendation where no objections have been filed. See, e.g., United 23 States v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003). 24 Here, no objections to the R&R were filed, and the deadlines to do so have passed. (See 25 Min. Order, ECF No. 19) (setting a February 8, 2024, deadline for objections). The Court 1 acknowledges that the R&R was returned as undeliverable. (ECF No. 20). But Plaintiff’s lack 2 of notice of the R&R is a result of his failure to update his address, and the Court has provided 3 Plaintiff with ample opportunity to update his address. The Court therefore ADOPTS the R&R 4 in full. 5 Accordingly, 6 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 19), is 7 ADOPTED in full. 8 IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. 9 The Court kindly instructs the Clerk of Court to close this case. 10 Dated this _1_9__ day of February, 2024. 11 12 ___________________________________ Gloria M. Navarro, District Judge 13 United States District Court 14 15 16 17 18 19 20 21 22 23 24 25