Baker v. Dragon Motel Inc

Opinion

HEZEKIAH ESAU BAKER, ) ) Plaintiff, ) Case No.: 2:23-cv-01875-GMN-NJK vs. ) ) ORDER DRAGON MOTEL INC., et al., ) ) Defendants. ) ) ) Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 34), of United States Magistrate Judge Nancy J. Koppe, which recommends dismissing Plaintiff Hezekiah Esau Baker’s case without prejudice. A party may file specific written objections to the findings and recommendations of a United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo determination of those portions to which objections are made. D. Nev. R. IB 3-2(b). The Court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to object, however, the Court is not required to conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985) (citing 28 U.S.C. § 636(b)(1)). Indeed, the Ninth Circuit has recognized that a district court is not required to review a magistrate judge’s R&R where no objections have been 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 No. 34) (setting a March 28, 2024, deadline for objections). Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 34), is ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED that the case is DISMISSED without prejudice. The Clerk of Court is kindly instructed to close the case and mail this Order to Plaintiff. Dated this 29 day of March, 2024. “hh, Gloria M. Mayarro, District Judge United S is District Court

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