From Casetext: Smarter Legal Research

Tu v. Miley

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Aug 5, 2020
Case No. 2:20-cv-00292-RFB-EJY (D. Nev. Aug. 5, 2020)

Opinion

Case No. 2:20-cv-00292-RFB-EJY

08-05-2020

TU, Plaintiff, v. MILEY, et al., Defendants.


ORDER

Before the Court for consideration is the Report and Recommendation (ECF No. 17) of the Honorable Elayna J. Youchah, United States Magistrate Judge, entered June 23, 2020.

A district 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). A party may file specific written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 636(b)(1); D. Nev. Civ. R. IB 3-2(a). When written objections have been filed, the district court is required to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). See also D. Nev. Civ. R. IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct "any review," de novo or otherwise, of the report and recommendations of a magistrate judge. Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due by July 7, 2020. No objections have been filed. The Court has reviewed the record in this case and concurs with the Magistrate Judge's recommendations. . . .

IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 17) is ACCEPTED and ADOPTED in full.

IT IS HEREBY ORDERED that Plaintiff's Complaint is dismissed with prejudice.

IT IS FURTHER ORDERED that all of Plaintiff's pending motions (ECF Nos. 8, 11, and 12) are dismissed as moot.

IT IS FURTHER ORDERED that Plaintiff's Fourteenth Amendment claim against Officers Skerston and Coyne are dismissed without prejudice.

DATED: August 5, 2020.

/s/ _________

RICHARD F. BOULWARE, II

United States District Judge


Summaries of

Tu v. Miley

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Aug 5, 2020
Case No. 2:20-cv-00292-RFB-EJY (D. Nev. Aug. 5, 2020)
Case details for

Tu v. Miley

Case Details

Full title:TU, Plaintiff, v. MILEY, et al., Defendants.

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Date published: Aug 5, 2020

Citations

Case No. 2:20-cv-00292-RFB-EJY (D. Nev. Aug. 5, 2020)