Javaheri v. United States

Opinion

DARYOUSH JAVAHERI, Plaintiff, Case No.: 2:24-cv-00860-GMN-EJY vs. ORDER ADOPTING UNITED STATES OF AMERICA, REPORT AND RECOMMENDATION Defendant.

Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 17), from United States Magistrate Judge Elayna J. Youchah, which recommends that Plaintiff’s case be dismissed in its entirety. 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 if the Magistrate Judge’s findings and recommendations concern matters that may not be finally determined by a magistrate judge. 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). No objections to the R&R were filed, and the deadline to do so has passed. (See R&R, ECF No. 17) (setting a December 20, 2024, deadline for objections). Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 17), is ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED that Plaintiffs case is DISMISSED in its entirety without prejudice. The Clerk of Court is kindly directed to close the case. IT IS FURTHER ORDERED that all other pending motions are DENIED as MOOT. Dated this 23 day of December, 2024. Gloria avarro, District Judge United es District Court

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