Mendy v. Tapia ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 EDWARD BISSAU MENDY, ) 4 ) Plaintiff, ) Case No.: 2:22-cv-00937-GMN-DJA 5 vs. ) 6 ) ORDER ADOPTING R&R LUIS A. TAPIA, et al., ) 7 ) Defendants. ) 8 ) 9 Pending before the Court is the Report and Recommendation (R&R), (ECF No. 14), of 10 United States Magistrate Judge Daniel J. Albregts, which recommends the Court dismiss this 11 case without prejudice. 12 A party may file specific written objections to the findings and recommendations of a 13 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 14 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 15 determination of those portions to which objections are made. Id. The Court may accept, reject, 16 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 17 28 U.S.C. § 636(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to object, however, the Court 18 is not required to conduct “any review at all . . . of any issue that is not the subject of an 19 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985) (citing 28 U.S.C. § 636(b)(1)). Indeed, 20 the Ninth Circuit has recognized that a district court is not required to review a magistrate 21 judge’s report and recommendation where no objections have been filed. See, e.g., United 22 States v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003). 23 Here, no objections to the R&R were filed, and the deadline to do so has passed. (See 24 Min. Order, ECF No. 14) (setting March 20, 2024, deadline for objections). The Court 25 therefore ADOPTS the R&R in full. 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 14), is 3 || ADOPTED in full. 4 IT IS FURTHER ORDERED that Plaintiff’s Complaint, (ECF No. 8), is DISMISSED 5 || without prejudice. 6 The Court kindly instructs the Clerk of Court to close this case. 7 Dated this _2 of April, 2024. 8 Ly, Yj, 9 Ji len Gloria M. jNavarro, District Judge 10 Gre tes District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2