Hymon v. Officer Rose ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 RODERICK L. HYMON 4 Plaintiff, Case No.: 2:23-cv-01276-GMN-EJY 5 vs. 6 ORDER ADOPTING OFFICER ROSE, et al., REPORT AND RECOMMENDATION 7 Defendant. 8 9 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 20), 10 from United States Magistrate Judge Elayna J. Youchah, which recommends that this action be 11 dismissed with prejudice for failure to file an amended complaint. 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 if the Magistrate Judge’s findings 16 and recommendations concern matters that may not be finally determined by a magistrate 17 judge. D. Nev. R. IB 3-2(b). The Court may accept, reject, or modify, in whole or in part, the 18 findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. R. 19 IB 3-2(b). Where a party fails to object, however, the Court is not required to conduct “any 20 review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 21 140, 149 (1985) (citing 28 U.S.C. § 636(b)(1)). Indeed, the Ninth Circuit has recognized that a 22 district court is not required to review a magistrate judge’s R&R where no objections have been 23 filed. See, e.g., United States 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. 20) (setting a May 14, 2024, deadline for objections). The Court is aware, however, that 1 || court filings being mailed to Plaintiff are coming back “undelivered.” While it is Plaintiff's 2 responsibility to update his address on the docket, the Court believes it would be unfair to the 3 || pro se Plaintiff to dismiss this case with prejudice as the R&R recommends. 4 Accordingly, 5 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 20), is 6 |} ACCEPTED and ADOPTED in full to the extent that 1t recommends dismissing this case. 7 IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. The 8 || Clerk of Court is kindly requested to close out this case. 9 Dated this 30 day of October, 2024. 10 11 Gloria M] Navarro, District Judge 12 Unitedtates District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2