Gallegos v. Allen

District Court, D. Nevada

Gallegos v. Allen

Trial Court Opinion

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2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

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6 JOSE GALLEGOS, Case No. 3:18-cv-00505-MMD-WGC

7 Plaintiff, ORDER v. 8 CHUCK ALLEN, et al., 9 Defendants. 10 11 Pro se Plaintiff Jose Gallegos brings this action under

42 U.S.C. § 1983

. Before 12 the Court is the Report and Recommendation (“R&R” or “Recommendation”) of United 13 States Magistrate Judge William G. Cobb (ECF No. 78), recommending Defendant Sheriff 14 Allen and Sheriff Balaam’s motion for summary judgment (ECF No. 72) be granted. 15 Plaintiff had until January 1, 2021 to file an objection. To date, no objection to the R&R 16 has been filed. For this reason, and as explained below, the Court adopts the R&R, and 17 will grant the motion for summary judgment. 18 The Court “may accept, reject, or modify, in whole or in part, the findings or 19 recommendations made by the magistrate judge.”

28 U.S.C. § 636

(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,

474 U.S. 140, 149

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

328 F.3d 1114

, 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 Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no 27 clear error on the face of the record in order to accept the recommendation.”). 1 Because there is no objection, the Court need not conduct de novo review, and is 2 || satisfied Judge Cobb did not clearly err. Here, Judge Cobb recommends granting 3 || Defendant’s Sheriff Allen and Sheriff Balaam’s motion for summary judgment as to 4 || Plaintiff's Count Ill claims. (ECF No. 78 at 6.) The Court agrees with Judge Cobb. Having 5 || reviewed the R&R and the record in this case, the Court will adopt the R&R in full. 6 It is therefore ordered that Judge Cobb’s Report and Recommendation (ECF No. 7 || 78) is accepted and adopted in full. 8 It is further ordered that Defendants Sheriff Allen and Sheriff Balaam’s motion for 9 || summary judgment (ECF No. 72) as to Count Ill is granted. 10 DATED THIS 6" Day of January 2021. 11 12 ff ( ( ) 13 MR NDA M. DU 14 CHIEF UNITED STATES DISTRICT JUDGE

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Reference

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