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Foley v. Morrone

United States District Court, D. Nevada

August 27, 2014

MICHAEL FOLEY, Plaintiff,
v.
JENNIFER MORRONE, et al, Defendant.

ORDER ACCEPTING REPORT AND RECOMMENDATION AND DISMISSING CASE

ANDREW P. GORDON, District Judge.

On August 7, 2014, Magistrate Judge Koppe entered her Report and Recommendation [Dkt. #21] recommending dismissal of Plaintiff's federal law claims with prejudice, and dismissal of Plaintiff's state law claims without prejudice. No objection has been filed to that Report and Recommendation. Thus, I am 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). The Ninth Circuit has confirmed that a district court is not required to review a magistrate judge's report and recommendation where no objection has been filed. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) ("[T]he district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise."); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D.Ariz. 2003) (based on Thomas and Reyna-Tapia, "district courts are not required to conduct any review at all... of any issue that is not the subject of an objection."). Because there is no objection to a magistrate judge's recommendation, I may accept the recommendation without review.

Nevertheless, I have reviewed the issues set forth in the Report and Recommendation. Judge Koppe's Report and Recommendation sets forth the proper legal analysis, and the factual basis, for the decision. Therefore,

IT IS HEREBY ORDERED that the Report and Recommendation is accepted, and this case is DISMISSED. The clerk of the court shall enter Judgment accordingly.


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