Owens v. Dzurenda

Opinion

* * *

KESHONE OWENS, Case No. 2:19-cv-00126-RFB-BNW

Plaintiff, ORDER

v.

JAMES DZURENDA, et al.,

Defendants.

Before the Court for consideration is the Report and Recommendation (“R&R”) of the Honorable Brenda Weksler, United States Magistrate Judge, dated July 24, 2024 (ECF No. 122). For the reasons explained below, the Court adopts the R&R in full. A district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is required to “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct “any review,” de novo1 or otherwise, of the report and recommendations of a magistrate judge. Thomas v. Arn, 474 U.S. 140, 149 (1985). Here, Objections to the R&R were due on or before August 7, 2024. However, no objection was filed. Therefore, the Cort adopts the R&R in full. Id.

1 De novo review simply means a review by one court using the lower court’s record but reviewing the evidence and the law without deference to the lower court’s findings and rulings. See Appeal, Black’s Law Dictionary (11th ed. 2019). ] Therefore, for the foregoing reasons, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge (ECF No. 122) is ADOPTED in full. IT IS FURTHER ORDERED that this action is DISMISSED. IT IS FURTHER ORDERED that the Clerk of Court will close the case. IT IS FURTHER ORDERED that the Clerk of Court will provide Plaintiff James Dzurenda with a physical copy of the Court’s Order by U.S postage. DATED: September 11, 2024. : AS RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

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