Coffey v. United States Government ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 MICHAEL COFFEY ) 4 ) Plaintiff, ) Case No.: 2:24-cv-01304-GMN-BNW 5 vs. ) 6 ) ORDER ADOPTING UNITED STATES GOVERNMENT ) REPORT AND RECOMMENDATION 7 ) Defendant. ) 8 ) 9 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 7), 10 from United States Magistrate Judge Brenda Weksler, which recommends that this action be 11 dismissed for failure to comply with a court order. 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. 7) (setting a September 23, 2024, deadline for objections). 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 7), is 3 || ACCEPTED and ADOPTED in full. 4 IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. 5 ||The Clerk of Court is kindly requested to close out this case. 6 ||Dated this 24th day of September, 2024. 7 [FU Gloria M.JNavarro, District Judge 8 Unite tes District Court 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2