O'Neil v. State of New York

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 AIMEE LYNN O’NEIL, ) 4 ) Plaintiff, ) Case No.: 2:21-cv-00039-GMN-VCF 5 vs. ) 6 ) ORDER STATE OF NEW YORK, ) 7 ) Defendant. ) 8 ) 9 Pending before the Court is the Report and Recommendation (“R&R”) of United States 10 Magistrate Judge Cam Ferenbach, (ECF No. 4), which recommends that the case be dismissed 11 with prejudice, as amendment would be futile. 12 A party may file specific written objections to the findings and recommendations of a 13 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 14 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 15 determination of those portions to which objections are made. Id. The Court may accept, reject, 16 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 17 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 18 not required to conduct “any review at all . . . of any issue that is not the subject of an 19 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 20 that a district court is not required to review a magistrate judge’s report and recommendation 21 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 22 1122 (9th Cir. 2003). 23 Here, no objections were filed, and the deadline to do so, April 28, 2021, has passed. 24 (See Report and Recommendation, ECF No. 4). 25 Accordingly, 1 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 4), is 2 ACCEPTED AND ADOPTED in full. 3 IT IS FURTHER ORDERED that the case is DISMISSED with prejudice. 4 The Clerk of Court shall close the case. 5 DATED this __1_2__ day of May, 2021. 6 7 8 ___________________________________ Gloria M. Navarro, District Judge 9 United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25