Yanko v. Wellpath LLC

D. Nevada

Yanko v. Wellpath LLC

DecidedFebruary 6, 2023

Docket2:22-cv-01311

StatusUnknown

This text of Yanko v. Wellpath LLC (Yanko v. Wellpath LLC) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Yanko v. Wellpath LLC, (D. Nev. 2023).

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1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 ALEXANDER P. YANKO, ) 4 ) Plaintiff, ) Case No.: 2:22-cv-01311-GMN-DJA 5 vs. ) 6 ) ORDER WELLPATH, LLC, ) 7 ) Defendant. ) 8 ) ) 9 10 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 4), of 11 United States Magistrate Judge Daniel J. Albregts, which recommends dismissing Plaintiff 12 Alexander Yanko’s (“Plaintiff’s”) Complaint, (ECF No. 1-1), for failure to either pay the filing 13 fee or file an application to proceed in forma pauperis on the correct form. 14 A party may file specific written objections to the findings and recommendations of a 15 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 16 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 17 determination of those portions to which objections are made. Id. The Court may accept, reject, 18 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 19 28 U.S.C. § 636(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to object, however, the Court 20 is not required to conduct “any review at all . . . of any issue that is not the subject of an 21 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985) (citing 28 U.S.C. § 636(b)(1)). Indeed, 22 the Ninth Circuit has recognized that a district court is not required to review a magistrate 23 judge’s R&R where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 24 F.3d 1114, 1122 (9th Cir. 2003). 25 Here, no objections were filed, and the deadline to do so has passed. (See Min. Order, 1 ECF No. 4) (setting a February 4, 2023, deadline for objections). 2 Accordingly, 3 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 4), is 4 ACCEPTED and ADOPTED in full. 5 IT IS FURTHER ORDERED that Plaintiff’s Complaint, (ECF No. 1-1), is 6 DISMISSED without prejudice. 7 IT IS FURTHER ORDERED that the Clerk is instructed to close the case. 8 Dated this __6__ day of February, 2023. 9 10 ___________________________________ Gloria M. Navarro, District Judge 11 United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 ALEXANDER P. YANKO, ) 4 ) Plaintiff, ) Case No.: 2:22-cv-01311-GMN-DJA 5 vs. ) 6 ) ORDER WELLPATH, LLC, ) 7 ) Defendant. ) 8 ) ) 9 10 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 4), of 11 United States Magistrate Judge Daniel J. Albregts, which recommends dismissing Plaintiff 12 Alexander Yanko’s (“Plaintiff’s”) Complaint, (ECF No. 1-1), for failure to either pay the filing 13 fee or file an application to proceed in forma pauperis on the correct form. 14 A party may file specific written objections to the findings and recommendations of a 15 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 16 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 17 determination of those portions to which objections are made. Id. The Court may accept, reject, 18 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 19 28 U.S.C. § 636(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to object, however, the Court 20 is not required to conduct “any review at all . . . of any issue that is not the subject of an 21 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985) (citing 28 U.S.C. § 636(b)(1)). Indeed, 22 the Ninth Circuit has recognized that a district court is not required to review a magistrate 23 judge’s R&R where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 24 F.3d 1114, 1122 (9th Cir. 2003). 25 Here, no objections were filed, and the deadline to do so has passed. (See Min. Order, 1 ECF No. 4) (setting a February 4, 2023, deadline for objections). 2 Accordingly, 3 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 4), is 4 ACCEPTED and ADOPTED in full. 5 IT IS FURTHER ORDERED that Plaintiff’s Complaint, (ECF No. 1-1), is 6 DISMISSED without prejudice. 7 IT IS FURTHER ORDERED that the Clerk is instructed to close the case. 8 Dated this __6__ day of February, 2023. 9 10 ___________________________________ Gloria M. Navarro, District Judge 11 United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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