Allison v. Stein Forensics Unit

United States District Court, District of Nevada · June 27, 2025 · No. 2:21-cv-01541

Summary

This United States District Court order for the District of Nevada addresses a Magistrate Judge’s Report and Recommendation regarding the plaintiff’s case. After noting that no written objections were filed within the deadline, the Court conducted its own review and concurred with the Magistrate Judge’s findings. Consequently, the Court accepted and adopted the Report and Recommendation in full and dismissed the action without leave to amend.

Court
United States District Court, District of Nevada
Writing for the Court
Richard F. Boulware, II
Jurisdiction
United States District Court, District of Nevada
Decision date
June 27, 2025
Docket number
2:21-cv-01541
Procedural posture
Order adopting magistrate's report and dismissing the action without leave to amend.
Standard of review
de novo (for portions objected to; none were objected)
Precedential value
nonprecedential
Disposition
dismissed

Topics

civil procedure

Practice areas

civil procedure

Questions Presented

  1. Whether the district court must review a magistrate's report when no objections are filed.
  2. Whether the action should be dismissed without leave to amend.

Holdings

  1. When no written objections are filed, the district court is not required to conduct any review of the magistrate's report and may adopt it in full.
  2. The action is dismissed without leave to amend.

Key quotations

A district 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).
When written objections have been filed, the district court is required to “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1).

Factual background

The plaintiff filed suit; the magistrate prepared a report and recommendation. No parties filed objections to the magistrate's findings.

Procedural history

Magistrate Judge Maximiliano D. Couviller issued a Report and Recommendation. Parties had until May 3, 2024 to file written objections; none were filed. The district court reviewed the record and adopted the magistrate's recommendation, dismissing the case.

Court Document

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