McLaughlin v. NDOC

Opinion

3 MICHAEL T. MCLAUGHLIN, ) 4 ) Plaintiff, ) Case No.: 2:18-cv-01562-GMN-EJY 5 vs. ) 6 ) ORDER NDOC, et al., ) 7 ) Defendants. ) 8 ) ) 9 10 Pending before the Court is the Report and Recommendation (“R&R”) of United States 11 Magistrate Judge Elayna Youchah, (ECF No. 26), which recommends that Plaintiff Michael T. 12 McLaughlin’s official capacity, injunctive relief, and Eighth Amendment claims be dismissed 13 with prejudice as futile. 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. IB 3-2(b). Where a party fails to object, however, the Court is 20 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). Indeed, the Ninth Circuit has recognized 22 that a district court is not required to review a magistrate judge’s report and recommendation 23 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 24 1122 (9th Cir. 2003). 25 Here, no objections were filed, and the deadline to do so, July 7, 2020, has passed. (Min. 1 Order, ECF No. 26). 2 Accordingly, 3 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 26), is 4 ACCEPTED AND ADOPTED in full. 5 IT IS FURTHER ORDERED that Plaintiff’s official capacity, injunctive relief, and 6 Eighth Amendment claims are DISMISSED with prejudice. 7 DATED this ___8__ day of July, 2020. 8 9 ___________________________________ Gloria M. Navarro, District Judge 10 United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25