Swint v. State of Washington ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 ROBERT JAMES SWINT, ) 4 ) Plaintiff, ) Case No.: 2:23-cv-01351-GMN-EJY 5 vs. ) 6 ) ORDER ADOPTING REPORT AND STATE OF WASHINGTON, et. al., ) RECOMMENDATION 7 ) Defendants. ) 8 ) 9 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 4), of 10 United States Magistrate Judge Elayna J. Youchah, which recommends dismissing this case 11 with prejudice based on Plaintiff’s failure to pay the filing fee or submit an application to 12 proceed in forma pauperis (“IFP”), and because the Complaint is so incomprehensible that 13 there is no possibility Plaintiff may win relief. 14 A party may file specific written objections to the findings and recommendations of a 15 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 16 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 17 determination of those portions to which objections are made if the Magistrate Judge’s findings 18 and recommendations concern matters that may not be finally determined by a magistrate 19 judge. D. Nev. R. IB 3-2(b). The Court may accept, reject, or modify, in whole or in part, the 20 findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. R. 21 IB 3-2(b). Where a party fails to object, however, the Court is not required to conduct “any 22 review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 23 140, 149 (1985) (citing 28 U.S.C. § 636(b)(1)). Indeed, the Ninth Circuit has recognized that a 24 district court is not required to review a magistrate judge’s R&R where no objections have been 25 filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003). ] Here, no objections were filed, and the deadline to do so has passed. (See R&R, ECF 2 || No. 4) (setting a July 16, 2024, deadline for objections). 3 Accordingly, 4 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 4), is 5 || ACCEPTED and ADOPTED in full. 6 IT IS FURTHER ORDERED that this case is DISMISSED with prejudice. 7 Dated this 26 day of July, 2024. . ff, 9 (TL Gloz . Navarro, District Judge 10 U ra States District Court 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2