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Nevada Department of Transportation
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Filed: April 16, 2024 | Entered: April 16, 2024 Luckett v. Mercury Insurance Company et al
P.I.: Other | Nevada
Minute Order Order on Report and Recommendation
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 4/16/2024. On January 30, 2023, the Plaintiff brought this Complaint. ECF No. 1. On April 11, 2023, the Honorable Magistrate Judge Cam Ferenbach dismissed the Complaint without prejudice. Plaintiff was given until May 11, 2023 to file an amended complaint. ECF No. 5. No amended complaint was filed. On May 15, 2023, the Honorable Magistrate Judge Ferenbach issued a Report and Recommendation which recommended that the action be dismissed. ECF No. 6. No objection to the Report and Recommendation was filed.The District Court's role in reviewing a Magistrate Judge's Report and Recommendation is set forth in 28 U.S.C. § 636 (b)(1). 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)(C); see Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the service of a copy of the Magistrate Judge's recommendation within which to file specific written objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. 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). Failure to object to a Magistrate Judge's recommendation relieves the Court of conducting de novo review of the Magistrate Judge's factual findings and waives all objections to those findings on appeal. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). Additionally, 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, 1121-22 (9th Cir. 2003). Thus, if there is no objection to a Magistrate Judge's recommendation, then the court may accept the recommendation without review. See Thomas, 474 U.S. at 149. IT IS HEREBY ORDERED that the 6 Report and Recommendation is ADOPTED IN FULL. This case is DISMISSED. The Clerk of Court is instructed to close this case. (Copies have been distributed pursuant to the NEF - MAW)
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Notice | Filed: January 09, 2024 | Entered: January 09, 2024 Luckett v. Mercury Insurance Company et al
P.I.: Other | Nevada
MDC - Clerks Notice Reassign Judge
CLERK'S NOTICE that due to the retirement of Magistrate Judge Cam Ferenbach, this case is reassigned to Magistrate Judge Maximiliano D. Couvillier, III for all further proceedings. All further documents must bear the correct case number 2:23-cv-00163-RFB-MDC. (no image attached) (ABG)
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Motion | Filed: May 15, 2023 | Entered: May 15, 2023 Luckett v. Mercury Insurance Company et al
P.I.: Other | Nevada
Report and Recommendation
REPORT AND RECOMMENDATION TO DISMISS. Objections to R&R due by 5/29/2023. Signed by Magistrate Judge Cam Ferenbach on 5/15/2023. (Copies have been distributed pursuant to the NEF - CAH)
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