1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 DUANE TIPTON,

10 Plaintiff, Case No. 3:17-cv-00032-RCJ-CLB 11 vs. ORDER 12 GUICE, et al., 13 Defendants. 14

15 Before the Court is the Report and Recommendation of United States Magistrate Judge 16 Carla L. Baldwin (ECF No. 97) (the Recommendation) entered on November 2, 2020, 17 recommending that the Court deny Defendant Filson’s Motion for Summary Judgment (ECF No. 18 85). No objection to the Recommendation has been filed. This action was referred to Magistrate 19 Judge Baldwin under

(b)(1)(B) and Local Rule IB 1-4 of the Rules of Practice of 20 the United States District Court for the District of Nevada. 21 The Court has considered the pleadings and memoranda of the parties and other relevant 22 matters of record pursuant to

(b)(1)(B) and Local Rule IB 3-2. The Court accepts 23 and adopts the factual background and the legal standards of the Recommendation. 24 /// 1 Based on the record, however, the Court finds that no trier of fact could reasonably 2 || determine that Defendant Filson exhibited deliberate indifference for two reasons. First, the only 3 || evidence that Defendant Filson had knowledge of the alleged threats to Plaintiff’s safety is the 4 || grievance dated January 23, 2016. (ECF No. 88 Ex. A.) Defendant Filson properly denied this 5 || grievance as procedurally defective. (ECF No. 88 Ex. B.) As such, there is insufficient evidence 6 || to reasonably find that Defendant Filson has knowledge of these alleged threats, so Plaintiff has 7 || not satisfied the subjective prong of deliberate indifference. Second, liability under § 1983 only 8 || attaches upon the personal participation by a defendant in a constitutional violation. Taylor v. List, 9 ||

(9th Cir. 1989). The full extent of Defendant Filson’s participation in this 10 || case in the denial of the grievance. The denial of a prison grievance alone is insufficient to establish 11 || the requisite personal participation. See West v. Cox, No. 2:15-cv-00665-GMN-VCF,

|| 3427973, at *3 (D. Nev. Aug. 8, 2017) (holding denial of grievance insufficient to establish 13 || personal participation in a § 1983 action). The Court therefore grants summary judgment in favor 14 || of Defendant and rejects the Recommendation in this respect. 15 CONCLUSION 16 IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 97) is 17 || ADOPTED IN PART and REJECTED IN PART. 18 IT IS FURTHER ORDERED that Defendant Filson’s Motion for Summary Judgment 19 || (ECF No. 85) is GRANTED. 20 IT IS SO ORDERED. 21 Dated January 8, 2021.. 22 ) 23 : ROBERY C. JONES 24 United St District Judge

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