Arroyo v. Bih

Opinion

3 JEROMY ARROYO, 4 Plaintiff, Case No.: 2:24-cv-01510-GMN-MDC 5 vs. 6 ORDER ADOPTING REPORT AND PETER BIH, et al., RECOMMENDATION 7 Defendants. 8 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 8), of 9 United States Magistrate Judge Maximiliano D. Couvillier, III, which recommends dismissing 10 this case based on Plaintiff’s failure to file a signed complaint by the Court’s deadline and 11 failure to submit an amended IFP application. 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. 8) (setting December 10, 2024, deadline for objections). 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 8), is 3 || ACCEPTED and ADOPTED in full. 4 IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. 5 Dated this 16 day of December, 2024.

□□ Gloria Mi. Navarro, District Judge 8 Uni han District Court 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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