Munoz v. U-Haul International, Inc.

Opinion

3 JONATHAN MUÑOZ, ) 4 ) Plaintiff, ) Case No.: 2:20-cv-01412-GMN-BNW 5 vs. ) 6 ) ORDER U-HAUL INTERNATIONAL, INC., et al., ) 7 ) Defendants. ) 8 ) ) 9 10 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 18), 11 of United States Magistrate Judge Brenda N. Weksler, which recommends dismissing Plaintiff 12 Jonathan Muñoz’s (“Plaintiff’s”) Third Amended Complaint, (ECF No. 17), for failure to 13 amend. 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. R. IB 3-2(b). Where a party fails to object, however, the Court 20 is 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) (citing 28 U.S.C. § 636(b)(1)). Indeed, 22 the Ninth Circuit has recognized that a district court is not required to review a magistrate 23 judge’s R&R where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 24 F.3d 1114, 1122 (9th Cir. 2003). 25 Here, no objections were filed, and the deadline to do so has passed. (See R&R, ECF 1 No. 18) (setting a March 8, 2022, deadline for objections). In addition, Plaintiff had until 2 January 31, 2022, to file his fourth amended complaint to avoid dismissal but did not do so. 3 (See Order 4:11–12, ECF No. 16). 4 Accordingly, 5 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 18), is 6 ACCEPTED and ADOPTED in full. 7 IT IS FURTHER ORDERED that Plaintiffs’ Third Amended Complaint, (ECF No. 8 17), is dismissed without prejudice. 9 IT IS FURTHER ORDERED that the Clerk is instructed to close the case. 10 Dated this _3__0_ day of November, 2022. 11 12 ___________________________________ Gloria M. Navarro, District Judge 13 United States District Court 14 15 16 17 18 19 20 21 22 23 24 25