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Bayard v. United States

United States District Court, District of Nevada

December 31, 2014

ANTWON MAURICE BAYARD, BAYARD MAURICE ANTWON, Plaintiff,
v.
UNITED STATES OF AMERICA, et al., Defendants.

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE WILLIAM G. COBB

MIRANDA M. DU UNITED STATES DISTRICT JUDGE

Before the Court is the Report and Recommendation of United States Magistrate Judge William G. Cobb (dkt. no. 17) (“R&R”) recommending the Court dismiss this action with prejudice. An objection to the R&R was timely filed by Plaintiff (“Objection”) (dkt. no. 18).

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).

While Plaintiff filed an objection to the R&R, he does not address the R&R. Nevertheless, this Court finds it appropriate to engage in a de novo review to determine whether to adopt Magistrate Judge Cobb’s Recommendation. Upon reviewing the Recommendation and underlying filings, this Court finds good cause to adopt the Magistrate Judge’s Recommendation in full.

It is therefore ordered, adjudged and decreed that the Report and Recommendation of Magistrate Judge William G. Cobb (dkt. no. 17) be accepted and adopted in its entirety. Plaintiff’s application to proceed in forma pauperis is denied. This action is dismissed with prejudice. The Clerk is directed to close this case.


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