U.S. v. WRIGHT, 2:14-cr-357-APG-VCF. (2016)
Court: District Court, D. Nevada
Number: infdco20160205794
Visitors: 20
Filed: Feb. 03, 2016
Latest Update: Feb. 03, 2016
Summary: ORDER ACCEPTING REPORT & RECOMMENDATION DENYING DEFENDANT WRIGHT'S MOTION TO DISMISS (Dkt. ##154, 177) ANDREW P. GORDON , District Judge . Defendant Brian Wright filed a motion to dismiss counts one, two, three, and four of the Superseding Indictment. (Dkt. #154.) Magistrate Judge Ferenbach issued a Report & Recommendation recommending denial of the motion (Dkt. #177.) No objection has been filed to that Report & Recommendation. Thus, I am not required to conduct "any review at all . . . of
Summary: ORDER ACCEPTING REPORT & RECOMMENDATION DENYING DEFENDANT WRIGHT'S MOTION TO DISMISS (Dkt. ##154, 177) ANDREW P. GORDON , District Judge . Defendant Brian Wright filed a motion to dismiss counts one, two, three, and four of the Superseding Indictment. (Dkt. #154.) Magistrate Judge Ferenbach issued a Report & Recommendation recommending denial of the motion (Dkt. #177.) No objection has been filed to that Report & Recommendation. Thus, I am not required to conduct "any review at all . . . of ..
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ORDER ACCEPTING REPORT & RECOMMENDATION DENYING DEFENDANT WRIGHT'S MOTION TO DISMISS (Dkt. ##154, 177)
ANDREW P. GORDON, District Judge.
Defendant Brian Wright filed a motion to dismiss counts one, two, three, and four of the Superseding Indictment. (Dkt. #154.) Magistrate Judge Ferenbach issued a Report & Recommendation recommending denial of the motion (Dkt. #177.) No objection has been filed to that Report & Recommendation. Thus, I am 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).1 Because there is no objection, I may accept the recommendation without review. Therefore,
IT IS ORDERED that Magistrate Judge Ferenbach's Report & Recommendation (Dkt. #177) is ACCEPTED and Wright's motion to dismiss (Dkt. #154) is DENIED.
FootNotes
1. The Ninth Circuit has confirmed that a district court is not required to review a magistrate judge's report and recommendation where no objection has been filed. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) ("[T]he district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise."); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D.Ariz. 2003) (Based on Thomas and Reyna-Tapia, "district courts are not required to conduct any review at all . . . of any issue that is not the subject of an objection.").
Source: Leagle
