Daniels v. Dizon

Opinion

3 LAURELLE SHADAYE DANIELS, ) 4 ) Plaintiff, ) Case No.: 2:22-cv-00342-GMN-EJY 5 vs. ) 6 ) ORDER DAN DIZON et al., ) 7 ) Defendants. ) 8 ) 9 10 Pending before the Court is the Order and Report and Recommendation (“R&R”), (ECF 11 No. 6), of United States Magistrate Judge Elayna J. Youchah, which recommends that Plaintiff 12 Laurelle Shadaye Daniels’ (“Plaintiff’s”) Complaint, (ECF No. 1-1), be dismissed without 13 prejudice. 14 A party may file specific written objections to the findings and recommendations of a 15 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 16 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 17 determination of those portions to which objections are made. Id. The Court may accept, reject, 18 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 19 28 U.S.C. § 636(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to object, however, the Court 20 is not required to conduct “any review at all . . . of any issue that is not the subject of an 21 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985) (citing 28 U.S.C. § 636(b)(1)). Indeed, 22 the Ninth Circuit has recognized that a district court is not required to review a magistrate 23 judge’s R&R where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 24 F.3d 1114, 1122 (9th Cir. 2003). 25 Here, no objections were filed, and the deadline to do so has passed. (See Min. Order, 1 ECF No. 6) (setting a March 18, 2022, deadline for objections). To the extent that Plaintiff 2 filed her Motion to Dismiss, (ECF No. 7), as an objection to the R&R, it does not cure the 3 deficiencies the R&R described. (See R&R 1:27–3:22, ECF No. 6); (Mot. Dismiss 1:15–23, 4 ECF No. 7). Further, Plaintiff did not file an amended complaint before the deadline passed. 5 (See id.) (setting an April 4, 2022, deadline for filing an amended complaint). 6 Accordingly, 7 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 6), is 8 ACCEPTED and ADOPTED in full. 9 IT IS FURTHER ORDERED that Plaintiff Laurelle Shadaye Daniels’ Complaint, 10 (ECF No. 1-1), is DISMISSED without prejudice. 11 IT IS FURTHER ORDERED that Plaintiff Laurelle Shadaye Daniels’ Motion to 12 Dismiss, (ECF No. 7), is DENIED as moot. 13 IT IS FURTHER ORDERED that Plaintiff Laurelle Shadaye Daniels’ Motion to 14 Respond Set/Reset Deadlines and Hearings, (ECF No. 10), is DENIED as moot. 15 Dated this _1_3__ day of May, 2022. 16 17 ___________________________________ Gloria M. Navarro, District Judge 18 United States District Court 19 20 21 22 23 24 25