Wright v. Las Vegas Metro Police/CCDC

District Court, D. Nevada

Wright v. Las Vegas Metro Police/CCDC

Trial Court Opinion

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2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

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6 DANIEL H. WRIGHT, Case No. 3:20-cv-00558-MMD-CLB

7 Plaintiff, ORDER v. 8 LAS VEGAS METRO POLICE 9 DEPARTMENT, et al.,

10 Defendants. 11 12 Pro se Plaintiff Daniel Wright brings this civil rights action under

42 U.S.C. § 1983

. 13 Before the Court is the Report and Recommendation (“R&R” or “Recommendation”) of 14 United States Magistrate Judge Carla L. Baldwin (ECF No. 6), recommending that 15 Plaintiff’s applications to proceed in forma pauperis (ECF Nos. 1, 4) be granted, and 16 Plaintiff’s complaint (ECF No. 5) be dismissed with prejudice. Plaintiff had until December 17 23, 2020 to file an objection. To date, no objection to the R&R has been filed. For this 18 reason, and as explained below, the Court adopts the R&R, and will grant Plaintiff’s in 19 forma pauperis applications and dismisses Plaintiff’s complaint with prejudice. 20 The Court “may accept, reject, or modify, in whole or in part, the findings or 21 recommendations made by the magistrate judge.”

28 U.S.C. § 636

(b)(1). Where a party 22 fails to object to a magistrate judge’s recommendation, the Court is not required to 23 conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas 24 v. Arn,

474 U.S. 140, 149

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

328 F.3d 1114

, 25 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 26 recommendations is required if, but only if, one or both parties file objections to the 27 findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory 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 Plaintiff's 5 || complaint be dismissed as Plaintiff has not demonstrated his conviction has been 6 || overturned to proceed under § 1983 and Plaintiff has failed to make any allegations 7 || against any of the named Defendants in this action. (ECF No. 6 at 5.) The Court agrees 8 || with Judge Baldwin. Having reviewed the R&R and the record in this case, the Court will 9 || adopt the R&R in full. 10 It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF 11 || No. 6) is accepted and adopted in full. 12 It is further ordered that Plaintiff's applications to proceed in forma pauperis (ECF 13 || Nos. 1, 4) are granted. 14 It is further ordered that Plaintiffs complaint (ECF No. 5) is dismissed with 15 || prejudice. 16 The Clerk of Court is directed to enter judgment accordingly and to close this case. 17 DATED THIS 29" Day of December 2020. 18 __

20 MANDAN CHIEF UNITED STATES DISTRICT JUDGE

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Reference

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