Opinion
Case No. 2:16-cv-00366-RFB-NJK
07-21-2017
LAUSTEVEION JOHNSON, Plaintiff, v. JAMES FERBER, et al., Defendant.
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE NANCY J. KOPPE
Before the Court is the Report and Recommendation of United States Magistrate Judge Nancy J. Koppe (ECF No. 30) ("R&R" or "Recommendation") relating to Defendants' motion to enforce settlement (ECF No. 15). The parties had until July 13, 2017, to object to the R&R. No objection has been filed.
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 Koppe's R&R. The Magistrate Judge recommended granting the motion to enforce settlement and that the case be closed. Upon reviewing the R&R and underlying briefs, this Court finds good cause to adopt the Magistrate Judge's Recommendation in full.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Report and Recommendation of Magistrate Judge Nancy J. Koppe (ECF No. 30) is accepted and adopted in its entirety.
IT IS FURTHER ORDERED that the motion to enforce settlement (ECF No. 15) is granted.
IT IS FURTHER ORDERED that the application to proceed in forma pauperis (ECF No. 1) is denied as moot.
IT IS FURTHER ORDERED that the Clerk of Court enter judgment accordingly and close this case.
DATED this 21st day of July, 2017.
/s/_________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE