Harper v. Del Toro

Opinion

RITA HARPER, CASE NO. 3:23-cv-1541-L-BLM Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION AND v. DISMISSING ACTION CARLOS DEL TORO, in his official capacity as Secretary of the United States [ECF NO. 38] Navy, et al., Defendants.

Pending before the Court in this employment discrimination action is a Report and Recommendation (“R&R”) issued by Magistrate Judge Barbara L. Major (ECF No. 38), recommending dismissal of this action pursuant to Federal Rules of Civil Procedure 16(f) and 37(b) based on Plaintiff’s repeated knowing, intentional, and willful failure to comply with orders of the Court, including discovery orders, and failure to appear at pretrial conferences. No objections have been filed to the R&R. A district judge "may accept, reject, or modify the recommended disposition" on a dispositive matter prepared by a magistrate judge proceeding without the consent of the parties for all purposes. Fed. R. Civ. P. 72(b)(3); see 28 U.S.C. § 636(b)(1). "[T]he court shall make a de novo determination of those portions of the [report and recommendation] to which objection is made." 28 U.S.C. § 636(b)(1). When no objections are filed, the de novo review is waived. Section 636(b)(1) does not require review by the district court under a lesser standard. Thomas v. Arn, 474 U.S. 140, 149-50 (1985). The "statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original). In the absence of objections, the Court adopts the R&R. Accordingly, this action is dismissed without prejudice. Dated: February 12, 2025 pee ep? H . James Lorenz, United States District Judge