Opinion
Case No. 3:17-cv-00286-MMD-VPC
10-10-2017
TRACY WEBB, Plaintiff, v. ST. MARY'S NURSES & DOCTORS, et al., Defendants.
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE VALERIE P. COOKE
Before the Court is the Report and Recommendation of United States Magistrate Judge Valerie P. Cooke (ECF No. 5) ("R&R") relating to Plaintiff's Application to Proceed In Forma Pauperis (ECF No. 1) and pro se complaint (ECF No. 1-1) Plaintiff had until September 11, 2017, to file an objection. (ECF No. 5) To date, no objection has been filed.
The R&R (ECF No. 5) and the last order entered by the Court (ECF No. 3) that were mailed to Plaintiff were returned as undeliverable. (ECF Nos. 4, 6.) --------
This 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). Where a party timely objects to a magistrate judge's report and recommendation, then the court is required to "make a de novo determination of those portions of the [report and recommendation] to which objection is made." 28 U.S.C. § 636(b)(1). 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). Indeed, the Ninth Circuit has recognized that a district court is not required to review a magistrate judge's report and recommendation where no objections have been filed. See United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review employed by the district court when reviewing a report and recommendation to which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (reading the Ninth Circuit's decision in Reyna-Tapia as adopting the view that district courts are not required to review "any issue that is not the subject of an objection."). Thus, if there is no objection to a magistrate judge's recommendation, then the court may accept the recommendation without review. See, e.g., Johnstone, 263 F. Supp. 2d at 1226 (accepting, without review, a magistrate judge's recommendation to which no objection was filed).
Nevertheless, this Court finds it appropriate to engage in a de novo review to determine whether to adopt Magistrate Judge Cooke's R&R. The R&R recommends that this action be dismissed without prejudice. The Court agrees with the Magistrate Judge's recommendation.
It is therefore ordered, adjudged and decreed that the Report and Recommendation of Magistrate Judge Valerie P. Cooke (ECF No. 5) is accepted and adopted in its entirety.
It is further ordered that Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (ECF No. 1) is denied for the reasons outlined in the R&R (ECF No. 5).
It is further ordered that this action is dismissed without prejudice.
It is further ordered that the Clerk enter judgment and close this case.
DATED THIS 10th day of October 2017.
/s/_________
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE