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Bundy Dismissal .pdf


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Case 3:14-cv-00256-MMD-WGC Document 5 Filed 10/01/14 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CLIVEN BUNDY, DAVID ROTHROCK,

Case No. 3:14-cv-00256-MMD-WGC

Plaintiffs,

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v.
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BARACK HUSSEIN OBAMA, et al.,
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ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION OF
MAGISTRATE JUDGE
WILLIAM G. COBB

Defendants.
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Before the Court is the Report and Recommendation of United States Magistrate

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Judge William G. Cobb (dkt. no. 4) (“R&R”) relating to Plaintiffs’ Motion for Preliminary

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Injunction, Temporary Restraining Order (dkt, no. 1) filed on May 16, 2014. The

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document, however, was not accompanied by either the $350 filing fee and $50

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administrative fee or a completed application to proceed in forma pauperis. On May 27,

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2014, Magistrate Judge Cobb entered an order giving Plaintiffs thirty (30) days to pay

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the filing fee or file a completed application in forma pauperis. (Dkt. no. 3.) They were

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advised that a failure to do so would result in an order dismissing this action. (Id.) As of

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August 25, 2014, Plaintiffs had not complied with the court’s order, and Magistrate Judge

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Cobb submitted his R&R. Plaintiffs had until September 11, 2014, to object to the R&R.

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No objection to the R&R has been filed.

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This Court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party

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timely objects to a magistrate judge’s report and recommendation, then the court is

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required to “make a de novo determination of those portions of the [report and

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recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). Where a party fails

Case 3:14-cv-00256-MMD-WGC Document 5 Filed 10/01/14 Page 2 of 2

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to object, however, the court is not required to conduct “any review at all . . . of any issue

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that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985).

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Indeed, the Ninth Circuit has recognized that a district court is not required to review a

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magistrate judge’s report and recommendation where no objections have been filed. See

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United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard

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of review employed by the district court when reviewing a report and recommendation to

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which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219,

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1226 (D. Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the

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view that district courts are not required to review “any issue that is not the subject of an

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objection.”). Thus, if there is no objection to a magistrate judge’s recommendation, then

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the court may accept the recommendation without review. See, e.g., Johnstone, 263 F.

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Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation to

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which no objection was filed).

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Nevertheless, this Court finds it appropriate to engage in a de novo review to

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determine whether to adopt Magistrate Judge Cobb’s Recommendation. The Magistrate

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Judge

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Recommendation and underlying briefs, this Court finds good cause to adopt the

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Magistrate Judge’s Recommendation in full.

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recommended

It

is

therefore

that

this

ordered,

action

be

adjudged

and

dismissed.

decreed

Upon

that

reviewing

the

Report

the

and

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Recommendation of Magistrate Judge William G. Cobb (dkt. no. 4) be accepted and

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adopted in its entirety.

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It is ordered that this action is dismissed.

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The Clerk is instructed to close this case.

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DATED THIS 1st day of October 2014.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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