Opinion
2:21-cv-00188-RFB-BNW
02-07-2023
DARWIN KINSEY, Plaintiffs, v. NELSON, Defendants.
ORDER
RICHARDF. BOULWARE, II UNITED STATES DISTRICT JUDGE.
Before the Court for consideration is the Report and Recommendation [ECF No. 26] of the Honorable Brenda Weksler, United States Magistrate Judge, entered January 23, 2023.
A district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is required to “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge. Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due by February 6, 2023. No objections have been filed. The Court has reviewed the record in this case and concurs with the Magistrate Judge's recommendations.
IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 26] is ACCEPTED and ADOPTED in full.
IT IS FURTHER ORDERED that the case is DISMISSED without prejudice and closed.
IT IS FURTHER ORDERED that Defendant's Motion to Dismiss, Motion for Summary Judgment, and Motion to Stay (ECF Nos. 15-17) are DENIED AS MOOT.