Simms v. Officer H. Beal ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 JESSIE SIMMS, ) 4 ) Plaintiff, ) Case No.: 2:23-cv-01555-GMN-DJA 5 vs. ) 6 ) ORDER ADOPTING REPORT & OFFICER H. BEAL, et al., ) RECOMMENDATION 7 ) Defendants. ) 8 ) ) 9 10 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 5), of 11 United States Magistrate Judge Albregts, which recommends dismissing Plaintiff Jessie 12 Simms’ case without prejudice and closing the case. 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. D. Nev. R. IB 3-2(b). The Court 17 may accept, reject, or modify, in whole or in part, the findings or recommendations made by 18 the Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to 19 object, however, the Court is not required to conduct “any review at all . . . of any issue that is 20 not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985) (citing 28 U.S.C. 21 § 636(b)(1)). Indeed, the Ninth Circuit has recognized that a district court is not required to 22 review a magistrate judge’s R&R where no objections have been filed. See, e.g., United States 23 v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003). 24 Here, no objections were filed, and the deadline to do so has passed. (See R&R, ECF 25 No. 5) (setting an April 17, 2024, deadline for objections). 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 5), is 3 ACCEPTED and ADOPTED in full. 4 IT IS FURTHER ORDERED that Plaintiff’s Complaint, (ECF No. 1-1), is 5 DISMISSED without prejudice. IT IS FURTHER ORDERED that the Clerk of Court is 6 kindly instructed to close the case. 7 Dated this __1_8_ day of April, 2024. 8 9 ___________________________________ Gloria M. Navarro, District Judge 10 United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25