Smith v. Pursuit Collection, Alaska Talkeetna Lodge et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
BRIAN MITCHELL SMITH,
Plaintiff,
v.
PURSUIT COLLECTION, et al.,
Defendants.
Case No. 3:23-cv-00197-SLG-KFR
ORDER RE REPORT AND RECOMMENDATION
Before the Court at Docket 1 is Plaintiff Brian Smith’s Complaint Under the
Civil Rights Act (Non-Prisoner) (“Complaint”). The matter was referred to the
Honorable Magistrate Judge Kyle F. Reardon. At Docket 6, Judge Reardon issued
a Screening Order finding that Plaintiff’s Complaint was deficient but granting
Plaintiff leave to file an Amended Complaint or a Voluntary Notice of Dismissal by
March 4, 2024. As of March 21, 2024, Plaintiff did not file an Amended Complaint
or a Voluntary Notice of Dismissal. At Docket 7, Judge Reardon issued his Report
and Recommendation, in which he recommended that the action be dismissed
without prejudice and that all pending motions be denied as moot. No objections
to the Report and Recommendation were filed.
The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1). That
statute provides that a district court “may accept, reject, or modify, in whole or in
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Case No. 3:23-cv-00197-SLG-KFR, Smith v. Pursuit Collection, et al.
Order re Report and Recommendation
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part, the findings or recommendations made by the magistrate judge.”1 A court is
to “make a de novo determination of those portions of the magistrate judge’s report
or specified proposed findings or recommendations to which objection is made.”2
However, § 636(b)(1) does not “require district court review of a magistrate’s
factual or legal conclusions, under a de novo or any other standard, when neither
party objects to those findings.”3
The magistrate judge recommended that the Court dismiss this action
without prejudice and that all pending motions be denied as moot. The Court has
reviewed the Report and Recommendation and agrees with its analysis.
Accordingly, the Court adopts the Report and Recommendation, and IT IS
ORDERED that this action is DISMISSED without prejudice and any pending
motions are DENIED as moot. The Clerk of Court shall issue a final judgment.
DATED this 11th day of April, 2024, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
1 28 U.S.C. § 636(b)(1).
2 Id.
3 Thomas v. Arn, 474 U.S. 140, 150 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114,
1121 (9th Cir. 2003).
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