Opinion
2:22-cv-01311-GMN-DJA
02-06-2023
ALEXANDER P. YANKO, Plaintiff, v. WELLPATH, LLC, Defendant.
ORDER
Gloria M. Navarro, District Judge
Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 4), of United States Magistrate Judge Daniel J. Albregts, which recommends dismissing Plaintiff Alexander Yanko's (“Plaintiff's”) Complaint, (ECF No. 1-1), for failure to either pay the filing fee or file an application to proceed in forma pauperis on the correct form.
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 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. 4) (setting a February 4, 2023, deadline for objections).
Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 4), is ACCEPTED and ADOPTED in full.
IT IS FURTHER ORDERED that Plaintiff's Complaint, (ECF No. 1-1), is DISMISSED without prejudice.
IT IS FURTHER ORDERED that the Clerk is instructed to close the case.