OnPointe Community Care LV LLC v. Charter Health Holdings, Inc.

Opinion

ON POINTE COMMUNITY CARE LV LLC, ) et al., ) ) Case No.: 2:22-cv-01235-GMN-DJA Plaintiffs, ) vs. ) ORDER ACCEPTING REPORT AND ) RECOMMENDATION AND ENTERING CHARTHER HEALTH HOLDINGS, INC., ) CLERK’S ENTRY OF DEFAULT ) Defendant. ) ) Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 49), of United States Magistrate Judge Daniel J. Albregts, which recommends entering a clerk’s entry of default against Defendant Charter Health Holdings, Inc. for failure to comply with his Orders, (ECF Nos. 47, 48). 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. 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). Here, no objections were filed, and the deadline to do so has passed. (See R&R, ECF No. 49) (setting a May 16, 2024, deadline for objections). Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 49), is } ACCEPTED and ADOPTED in full. The Clerk of Court is kindly instructed to enter a clerk’s entry of default against Defendant Charter Health Holdings, Inc. Plaintiffs shall have until Monday, June 10, 2024, to file a motion for default judgment with a proposed order attached. Dated this 20 day of May, 2024. Gloria/M). Navarro, District Judge Unit tates District Court

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