District Court, D. Nevada, 2020

Wilson v. Maggqysay

Wilson v. Maggqysay
District Court, D. Nevada · Decided March 24, 2020
Wilson v. Maggqysay

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA Sean Ray Wilson, Case No. 2:20-cv-0003-JAD-EJY 4 Plaintiff V. Order Adopting Report and 5 Recommendation to Maggqysay, Jackson, Hart, Ferry, Sheriff Joe Dismiss Eighth Amendment Claim Lombardo, [ECF No. 3] 7 Defendants 9 On March 5, 2020, the magistrate judge screened Sean Ray Wilson’s complaint. In that screening order, she recommends that Wilson’s Eighth Amendment Claim for use of excessive force at the time of his arrest be dismissed with prejudice for failure to state a claim and because amendment will cure its deficiency.! The deadline for objections to that recommendation passed without objection or any request to extend the deadline to file one. “[N]o review is required of a magistrate judge’s report and recommendation unless objections are filed.”

Accordingly, with good cause appearing, IT IS HEREBY ORDERED that the magistrate judge’s report and recommendation [ECF No. 3] is ADOPTED; Plaintiff's Eighth Amendment Claim 17} for use of excessive force at the time of his arrest is DISMISSED with prejudice.

18 Dated: March 24, 2020 19 7 yy i USS. District J doe Jennifer)A. Dorsey 22)}—__ ECF No. 3.

Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

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