1

2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 ADAM GOBER, Case No. 3:20-cv-00581-MMD-CLB

7 Plaintiff, ORDER v. 8 JOHN NIMAN, et al., 9 Defendants. 10 11 Pro se Plaintiff Adam Gober brings this action under

. Before the 12 Court is the Report and Recommendation (“R&R” or “Recommendation”) of United States 13 Magistrate Judge Carla L. Baldwin (ECF No. 5), recommending the Court grant his in 14 forma pauperis application (“IFP Application”), but dismiss his case as Heck-barred.1 15 Plaintiff had until December 18, 2020 to file an objection.2 To date, no objection to the 16 R&R has been filed. For this reason, and as explained below, the Court adopts the R&R, 17 and will dismiss this case. 18 The Court “may accept, reject, or modify, in whole or in part, the findings or 19 recommendations made by the magistrate judge.”

(b)(1). Where a party 20 fails to object to a magistrate judge’s recommendation, the Court is not required to 21 conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas 22 v. Arn,

(1985); see also United States v. Reyna-Tapia,

, 23 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 24 recommendations is required if, but only if, one or both parties file objections to the 25 findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory 26 1Heck v. Humphrey,

(1994). 27 1 Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no 2 clear error on the face of the record in order to accept the recommendation.”). 3 Because there is no objection, the Court need not conduct de novo review, and is 4 satisfied Judge Baldwin did not clearly err. Here, Judge Baldwin recommends granting 5 Plaintiff’s IFP Application because he appears unable to pay the filing fee. (ECF No. 5 at 6 2.) However, she recommends the Court dismiss Plaintiff’s case because his claims are 7 Heck-barred, and the named Defendants are otherwise entitled to immunity. (Id. at 4-5.) 8 She recommends the dismissal be with prejudice because amendment would be futile. 9 (Id. at 5.) The Court agrees with Judge Baldwin. Having reviewed the R&R and the record 10 in this case, the Court will adopt the R&R in full. 11 It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF 12 No. 5) is accepted and adopted in full. 13 It is further ordered that Plaintiff’s application to proceed in forma pauperis (ECF 14 No. 4) is granted. 15 The Clerk of Court is directed to file Plaintiff’s Complaint (ECF No. 1-1). 16 It is further ordered that Plaintiff’s Complaint (ECF No. 1-1) is dismissed, in its 17 entirety, with prejudice. 18 The Clerk of Court is further directed to enter judgment accordingly and close this 19 case. 20 DATED THIS 28th Day of December 2020. 21 22

23 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE 24

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