Opinion
Case No.: 2:18-cv-01442-GMN-BNW
09-26-2019
LEO CONO, Plaintiff, v. MARIA LOIACONO, et al., Defendants.
ORDER
Pending before the Court is the Order and Report and Recommendation ("Order and R&R") of United States Magistrate Judge Brenda Weksler, (ECF No. 34). Judge Weksler denied Plaintiff Leo Cono's ("Plaintiff") Motion/Application for Leave to Proceed in forma pauperis, (ECF No. 1), and she recommends that the Court deny Plaintiff's Motion for Recusal, (ECF No. 19), and dismiss the case without prejudice. (Order and R&R).
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. Id. 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. 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). 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, e.g., United States v. Reyna-Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003).
Here, no objections were filed, and the deadline to do so, September 24, 2019, has passed. (Order and R&R).
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 34), is ADOPTED in full.
IT IS FURTHER ORDERED that Plaintiff's Motion for Recusal, (ECF No. 19), is DENIED.
IT IS FURTHER ORDERED that Defendant's case is DISMISSED without prejudice.
The Clerk of Court shall close the case.
DATED this 26 day of September, 2019.
/s/_________
Gloria M. Navarro, District Judge
United States District Court