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Deal-Watkins v. Walters

United States District Court, District of Nevada

April 7, 2015

BRYON A. DEAL-WATKINS, Plaintiff,
v.
LT. H. WALTERS, #4231; DETECTIVE YOUNG, #8252; OFFICER N. SYLVIA, #115241L22; OFFICER A. ORTIZ, #142001L22; LAS VEGAS METROPOLITAN POLICE DEPARTMENT, Defendants.

ORDER

Gloria M. Navarro, Chief Judge

Pending before the Court is the Report and Recommendation of United States Magistrate Judge Cam Ferenbach, (ECF No. 113), which recommends that the Motion to Deem Plaintiff a Vexatious Litigant (ECF No. 109) filed by Defendants Las Vegas Police Department, Alba Ortiz, Nicholas Sylvia, Hans Walters, and Damon Young (collectively “Defendants”) be GRANTED.

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. 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). 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, 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.

Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 113) is ACCEPTED and ADOPTED to the extent that it is not inconsistent with this Order.

IT IS FURTHER ORDERED that the Motion to Deem Plaintiff a Vexatious Litigant (ECF No. 109) filed by Defendants is GRANTED.

IT IS FURTHER ORDERED that Byron A. Deal-Watkins be deemed a VEXATIOUS LITIGANT.

IT IS FURTHER ORDERED that Byron A. Deal-Watkins be required to seek LEAVE of Court before filing additional documents in this matter.


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