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Sharkey v. State

United States District Court, District of Nevada
Apr 5, 2022
2:22-cv-00115-GMN-BNW (D. Nev. Apr. 5, 2022)

Opinion

2:22-cv-00115-GMN-BNW

04-05-2022

James Theodore Sharkey, Plaintiff, v. State of Nevada, et al., Defendants.


ORDER

Gloria M. Navarro, District Judge.

Pending before the Court is the Report and Recommendation, (ECF No. 5), of United States Magistrate Judge Brenda Weksler, which states that this case should be dismissed with prejudice.

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. Id. 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 report and recommendation 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. 5) (setting a March 2, 2022, deadline for objections).

Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 5), is ADOPTED in full.

IT IS FURTHER ORDERED that this case is DISMISSED with prejudice.

The Clerk is instructed to close the case.


Summaries of

Sharkey v. State

United States District Court, District of Nevada
Apr 5, 2022
2:22-cv-00115-GMN-BNW (D. Nev. Apr. 5, 2022)
Case details for

Sharkey v. State

Case Details

Full title:James Theodore Sharkey, Plaintiff, v. State of Nevada, et al., Defendants.

Court:United States District Court, District of Nevada

Date published: Apr 5, 2022

Citations

2:22-cv-00115-GMN-BNW (D. Nev. Apr. 5, 2022)