Wheeler v. Gallagher Insurance Companies

Opinion

ANTONIO WHEELER, ) ) Plaintiff, ) Case No.: 2:24-cv-00671-GMN-DJA vs. ) ) ORDER ADOPTING GALLAGHER INSURANCE ) REPORT AND RECOMMENDATION COMPANIES, et al., ) ) Defendants. ) Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 7), from United States Magistrate Judge Daniel J. Albregts, which recommends dismissing the case without prejudice for Plaintiff’s failure to file an amended application to proceed in forma pauperis by the June 21, 2024, deadline. 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 if the Magistrate Judge’s findings and recommendations concern matters that may not be finally determined by a magistrate judge. 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 objection was filed, and the deadline to do so has passed. (See R&R, ECF No. 7) (setting September 11, 2024, deadline for objections). As of the date of writing this Order, Plaintiff has not filed an amended in forma pauperis. Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 7), is ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED that the case is DISMISSED without prejudice. Dated this Ve day of September, 2024. “ff, Gloria M/Navarro, District Judge United kay) s District Court

Page 2 of 2