Opinion
2:12-CV-1499 JCM (CWH)
11-02-2012
LUCIA PITCHER, Plaintiff(s), v. MICHAEL J. ASTRUE, Defendant(s).
ORDER
Presently before the court is Magistrate Judge Hoffman's report and recommendation dismissing plaintiff Lucia Pitcher's complaint with prejudice (doc. # 3). (Doc. # 4). No objections to the report and recommendation have been filed.
The court notes that plaintiff sent a letter requesting more time to respond because she is sick. (Doc. # 5-1). While the magistrate judge properly issued a minute order stating that letters to the court will be disregarded (doc. # 5); the court, in an abundance of fairness, waited two additional weeks for plaintiff to respond. To date, she has not responded.
This 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). 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 this 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 the recommendation of the magistrate judge. Upon reviewing the recommendation and the underlying court order (doc. # 2) and complaint (doc. # 3), this court finds good cause to adopt the magistrate's findings in full.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the report and recommendation of Magistrate Judge Hoffman dismissing plaintiff Lucia Pitcher's complaint with prejudice (doc. # 4) be, and the same hereby is, ADOPTED in its entirety.
IT IS FURTHER ORDERED that plaintiff's complaint (doc. # 3) be, and the same hereby is, DISMISSED with prejudice because plaintiff failed to file an amended complaint within 30 days of the court's August 30, 2012, order.
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UNITED STATES DISTRICT JUDGE