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Peng v. Internal Revenue Serv.

United States District Court, District of Nevada
Nov 29, 2022
2:22-cv-00988-GMN-DJA (D. Nev. Nov. 29, 2022)

Opinion

2:22-cv-00988-GMN-DJA

11-29-2022

PHILIP C.H. PENG, Plaintiff, v. INTERNAL REVENUE SERVICE, Defendant.


ORDER

GLORIA M. NAVARRO, DISTRICT JUDGE

Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 6), of United States Magistrate Judge Daniel J. Albregts, 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. 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 Min. Order, ECF No. 6) (setting a November 15, 2022, 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.


Summaries of

Peng v. Internal Revenue Serv.

United States District Court, District of Nevada
Nov 29, 2022
2:22-cv-00988-GMN-DJA (D. Nev. Nov. 29, 2022)
Case details for

Peng v. Internal Revenue Serv.

Case Details

Full title:PHILIP C.H. PENG, Plaintiff, v. INTERNAL REVENUE SERVICE, Defendant.

Court:United States District Court, District of Nevada

Date published: Nov 29, 2022

Citations

2:22-cv-00988-GMN-DJA (D. Nev. Nov. 29, 2022)