Wheeler v. Gallagher Insurance Companies ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 ANTONIO WHEELER, ) 4 ) Plaintiff, ) Case No.: 2:24-cv-00671-GMN-DJA 5 vs. ) 6 ) ORDER ADOPTING GALLAGHER INSURANCE ) REPORT AND RECOMMENDATION 7 COMPANIES, et al., ) ) 8 Defendants. ) 9 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 7), 10 from United States Magistrate Judge Daniel J. Albregts, which recommends dismissing the 11 case without prejudice for Plaintiff’s failure to file an amended application to proceed in forma 12 pauperis by the June 21, 2024, deadline. 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 if the Magistrate Judge’s findings 17 and recommendations concern matters that may not be finally determined by a magistrate 18 judge. D. Nev. R. IB 3-2(b). The Court may accept, reject, or modify, in whole or in part, the 19 findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. R. 20 IB 3-2(b). Where a party fails to object, however, the Court is not required to conduct “any 21 review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 22 140, 149 (1985) (citing 28 U.S.C. § 636(b)(1)). Indeed, the Ninth Circuit has recognized that a 23 district court is not required to review a magistrate judge’s R&R where no objections have been 24 filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003). 25 Here, no objection was filed, and the deadline to do so has passed. (See R&R, ECF No. 1 || 7) (setting September 11, 2024, deadline for objections). As of the date of writing this Order, 2 || Plaintiff has not filed an amended in forma pauperis. 3 Accordingly, 4 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 7), is 5 || ACCEPTED and ADOPTED in full. 6 IT IS FURTHER ORDERED that the case is DISMISSED without prejudice. 7 Dated this Ve day of September, 2024. “ff, 9 Z, UF Gloria M/Navarro, District Judge 10 United kay) s District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2