McLaughlin v. NDOC

Opinion

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