Opinion
Case No. 3:18-cv-00511-MMD-CBC
11-06-2019
CHRISTOPHER DILLON, Plaintiff, v. PATRICIA M. ERICKSON, et al., Defendants.
ORDER
Plaintiff Christopher Dillon, who is in the custody of the Nevada Department of Corrections ("NDOC"), brings this action under 42 U.S.C. § 1983. Before the Court is the Report and Recommendation ("R&R" or "Recommendation") of United States Magistrate Judge Carla B. Carry, recommending that the Court dismiss this case without prejudice. (ECF No. 4) Plaintiff had until October 30, 2019 to file an objection. To date, no objection to the R&R has been filed. For this reason, and as explained below, the Court adopts the R&R and will dismiss this case without prejudice.
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." Id. 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).
While Plaintiff has failed to object to Judge Carry's recommendation to dismiss this case without prejudice, the Court will conduct a de novo review to determine whether to adopt the R&R. Judge Carry explained in the R&R that the Court previously ordered Plaintiff to file a complaint and either pay the filing fee or submit an application to proceed in forma pauperis within 30 days back in January, and was warned that failure to do so would result in dismissal, but he never complied with the Court's prior order. (ECF No. 4.) Having reviewed the R&R, the Court agrees with Judge Carry.
It is therefore ordered that Judge Carry's Report and Recommendation (ECF No. 4) is adopted in full.
It is further ordered that this case is dismissed without prejudice.
The Clerk of Court is directed to enter judgment in accordance with this order and close this case.
DATED THIS 6th day of November 2019.
/s/_________
MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE