Wheeler v. Gallagher Insurance Companies

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 ANTONIO WHEELER, 4 Plaintiff, Case No.: 2:24-cv-00671-GMN-DJA 5 vs. 6 ORDER ADOPTING REPORT AND GALLAGHER INSURANCE COMPANIES, RECOMMENDATION 7 et al.,

8 Defendants. 9 Pending before the Court is the Order and Report and Recommendation (“R&R”), (ECF 10 No. 14), of United States Magistrate Judge Daniel J. Albregts, which recommends reopening 11 this case due to excusable neglect and granting Plaintiff’s application to proceed in forma 12 pauperis. (See generally R&R). 13 A party may file specific written objections to the findings and recommendations of a 14 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 15 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 16 determination of those portions to which objections are made if the Magistrate Judge’s findings 17 and recommendations concern matters that may not be finally determined by a magistrate 18 judge. D. Nev. R. IB 3-2(b). The Court may accept, reject, or modify, in whole or in part, the 19 findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. R. 20 IB 3-2(b). Where a party fails to object, however, the Court is not required to conduct “any 21 review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 22 140, 149 (1985) (citing 28 U.S.C. § 636(b)(1)). Indeed, the Ninth Circuit has recognized that a 23 district court is not required to review a magistrate judge’s R&R where no objections have been 24 filed. See, e.g., United States v. Reyna–Tapia, 328 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 14) (setting March 31, 2025, deadline for objections). The Magistrate Judge reasoned that 2 || Plaintiff's explanation that he was not aware of certain deadlines due to his homelessness 3 || constituted excusable neglect, and noted that Plaintiff's application to proceed in forma 4 || pauperis appeared complete and accurate. (/d.). 5 Accordingly, 6 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 14), is 7 || ACCEPTED and ADOPTED in full. 8 The Clerk of Court is kindly requested to re-open this case. 9 Dated this 3 day of April, 2025. 10 Ly Yj, J) {TU Gloria M. Nayarro, District Judge 12 United Yaaro: D Court 13 14 15 16 17 18 19 20 21 22 23 24 25

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