Hano v. State of Nevada

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 David A. Hano, ) 4 ) Plaintiff, ) Case No.: 2:19-cv-02246-GMN-EJY 5 vs. ) 6 ) ORDER State of Nevada, et al., ) 7 ) Defendants. ) 8 9 Pending before the Court is the Report and Recommendation, (ECF No. 106), of United 10 States Magistrate Judge Elayna J. Youchah, which states that Defendant Jaymie Cabrera’s 11 Motion to Dismiss, (ECF No. 95), should be granted. 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. Id. The Court may accept, reject, 16 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 17 28 U.S.C. § 636(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to object, however, the Court 18 is not required to conduct “any review at all . . . of any issue that is not the subject of an 19 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 20 that a district court is not required to review a magistrate judge’s report and recommendation 21 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 22 1122 (9th Cir. 2003). 23 Here, no objections were filed, and the deadline to do so has passed. (See Min. Order, 24 ECF No. 106) (setting a June 10, 2021, deadline for objections). 25 // 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 106), is 3 ADOPTED in full. 4 IT IS FURTHER ORDERED that Defendant Jaymie Cabrera’s Motion to Dismiss, 5 (ECF No. 95), is GRANTED. 6 IT IS FURTHER ORDERED that Plaintiff David A. Hano may file a Second 7 Amended Complaint, consistent with the instructions in the Report and Recommendation, no 8 later than July 12, 2021. 9 Dated this _1_1__ day of June, 2021. 10 11 ___________________________________ Gloria M. Navarro, District Judge 12 United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25