Opinion
Case No. 3:17-cv-00357-MMD-VPC
02-27-2018
KEVIN D. SUTTON, Plaintiff, v. STATE OF NEVADA, et al., Defendants.
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE VALERIE P. COOKE
Before the Court is the Amended Report and Recommendation of United States Magistrate Judge Valerie P. Cooke (ECF No. 5) ("R&R") relating to plaintiff's application to proceed in forma pauperis ("Application") (ECF No. 1) and pro se complaint (ECF No. 1-1). Plaintiff had until February 7, 2018 to object. (ECF No. 5.) To date, no objection to the R&R has been filed.
This 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). 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 the 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).
The R&R recommends granting Plaintiff's Application and dismissing the complaint with prejudice. (ECF No. 5.) As noted, Plaintiff failed to object. The Court will therefore adopt the R&R.
It is therefore ordered, adjudged and decreed that the Report and Recommendation of Magistrate Judge Valerie P. Cooke (ECF No. 5) is accepted and adopted in its entirety.
It is ordered that plaintiff's application to proceed in form pauperis (ECF No. 1) without having to prepay the full filing fee is granted.
It is further ordered that the Clerk detach and file the complaint (ECF No. 1-1).
It is further ordered that the complaint is dismissed with prejudice.
The Clerk is directed to close this case.
DATED THIS 27th day of February 2018.
/s/_________
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE