Case Information
*1 Case 2:15-cv-00717-JCM-PAL Document 38 Filed 02/05/16 Page 1 of 2
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * PERFEKT MARKETING, LLC, Case No. 2:15-CV-717 JCM (PAL) Plaintiff(s), ORDER v. LUXURY VACATION DEALS, LLC, et al., Defendant(s).
Presently before the court are the report and recommendation of Magistrate Judge Leen. (Doc. # 37). No objections were filed, and the deadline for filing objections has passed. Magistrate Judge Leen recommended that plaintiff’s motion for disbursement of funds (doc. # 33) be granted and that the case be dismissed as there is no longer a case or controversy for the court to adjudicate.
This 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). Where a party timely objects to a magistrate judge’ s findings 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
James C. Mahan U.S. District Judge
*2 Case 2:15-cv-00717-JCM-PAL Document 38 Filed 02/05/16 Page 2 of 2 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 mag istrate judge’ s recommendation, then this 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).
Nevertheless, this court finds it appropriate to engage in a de novo review to determine whether to adopt the recommendation of the magistrate judge. Upon reviewing the recommendation and underlying briefs, this court finds good cause to ADOPT the magistrate judge’ s findings in full.
Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the report and
recommendation of Magistrate Judge Leen, (doc. # 37), are ADOPTED in their entirety. DATED February 5, 2016. __________________________________________ ______________ ___________ ________________________
UNITED STATES DISTRICT JUDGE
NITITITTTITTITTITTITIITIITIITIIIIIIIIIII EDDDDDDDDDDDDDDDDDDDDDDD SSSSSSSSSSSSSSSSTATES DISTRICT JUDGE
James C. Mahan U.S. District Judge
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