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Miller v. Albertson's Corp.

United States District Court, District of Nevada
Oct 3, 2023
2:22-cv-01143-GMN-NJK (D. Nev. Oct. 3, 2023)

Opinion

2:22-cv-01143-GMN-NJK

10-03-2023

DOMINIC MILLER, Plaintiff, v. ALBERTSON'S CORP., et al., Defendants.


ORDER

GLORIA M. NAVARRO, DISTRICT JUDGE UNITED STATES DISTRICT COURT.

Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 6), of United States Magistrate Judge Nancy J. Koppe, which recommends dismissing the case.

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 if the Magistrate Judge's findings and recommendations concern matters that may not be finally determined by a magistrate judge. D. Nev. R. IB 3-2(b). 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. R. 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) (citing 28 U.S.C. § 636(b)(1)). Indeed, the Ninth Circuit has recognized that a district court is not required to review a magistrate judge's R&R 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 has passed. (See Order, ECF No. 9) (setting a September, 22, 2023, deadline for objections).

Accordingly,

IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 6), is ACCEPTED and ADOPTED in full.

IT IS FURTHER ORDERED that the case is DISMISSED without prejudice.

IT IS FURTHER ORDERED that the Clerk of Court is instructed to close the case.


Summaries of

Miller v. Albertson's Corp.

United States District Court, District of Nevada
Oct 3, 2023
2:22-cv-01143-GMN-NJK (D. Nev. Oct. 3, 2023)
Case details for

Miller v. Albertson's Corp.

Case Details

Full title:DOMINIC MILLER, Plaintiff, v. ALBERTSON'S CORP., et al., Defendants.

Court:United States District Court, District of Nevada

Date published: Oct 3, 2023

Citations

2:22-cv-01143-GMN-NJK (D. Nev. Oct. 3, 2023)