1 2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 MITCHELL KEITH GOODRUM, Case No. 3:20-cv-00538-MMD-WGC

7 Plaintiff, ORDER v. 8 CHURCHILL COUNTY CLERK OF 9 COURT, et al.,

10 Defendants. 11 12 Pro se Plaintiff Mitchell Goodrum filed a civil rights complaint under

1983. (ECF No. 1-1.) Goodrum has also filed two applications to proceed in forma 14 pauperis (“IFP”) and a motion for appointment of counsel. (ECF Nos. 1, 1-2, 3.) Before 15 the Court is the Report and Recommendation (“R&R” or “Recommendation”) of United 16 States Magistrate Judge William G. Cobb (ECF No. 4), recommending that Goodrum’s 17 second IFP application be granted, first IFP application be denied as moot, motion for 18 appointment of counsel be denied as moot, and that this case be dismissed with 19 prejudice. Goodrum had until April 6, 2021 to file an objection. To date, no objection to 20 the R&R has been filed. For this reason, and as explained below, the Court adopts Judge 21 Cobb’s R&R and will dismiss this case with prejudice. 22 The Court “may accept, reject, or modify, in whole or in part, the findings or 23 recommendations made by the magistrate judge.”

(b)(1). Where a party 24 fails to object to a magistrate judge’s recommendation, the Court is not required to 25 conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas 26 v. Arn,

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

, 27 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 28 recommendations is required if, but only if, one or both parties file objections to the 1 findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory 2 Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no 3 clear error on the face of the record in order to accept the recommendation.”). 4 Because there is no objection, the Court need not conduct de novo review, and is 5 satisfied Judge Cobb did not clearly err. Here, Judge Cobb recommends Goodrum’s 6 second IFP application be granted as Goodrum has an account balance of $0.03 with a 7 zero average monthly deposit. (ECF No. 4 at 3.) Judge Cobb further recommends that 8 Goodrum’s complaint be dismissed as: (1) prosecutors and clerks have absolute and 9 quasi-judicial immunity against Goodrum’s allegations; (2) the exercise of prosecutorial 10 function entitles a prosecutor to absolute immunity; (3) Goodrum fails to establish under 11 § 1983 that the alleged conduct was undertaken by an individual acting under the color 12 of state law; and (4) Goodrum cannot pursue criminal conduct in a civil complaint. (Id. at 13 5-6.) The Court agrees with Judge Cobb. Having reviewed the R&R and the record in this 14 case, the Court will adopt the R&R in full. 15 It is therefore ordered that Judge Cobb’s Report and Recommendation (ECF No. 16 4) is accepted and adopted in full. 17 It is further ordered that Plaintiff Mitchell Goodrum’s first application to proceed in 18 forma pauperis (ECF No. 1) is denied as moot. 19 If is further ordered that Plaintiff Mitchell Goodrum’s second application to proceed 20 in forma pauperis (ECF No. 3) is granted. Given Goodrum’s low balance, the Court will 21 not require Goodrum to make an initial payment. However, when Goodrum’s prison 22 account exceeds $10.00, Goodrum will be required to make monthly payments in the 23 amount of 20% of the preceding month’s income credited to Goodrum’s account until the 24 $350.00 filing fee is paid. This is required even if a case is dismissed or is otherwise 25 unsuccessful. 26 It is further ordered that Plaintiff Mitchell Goodrum’s motion for appointment of 27 counsel (ECF No. 1-2) is denied as moot. 28 /// 1 The Clerk of Court is directed to file Plaintiff Mitchell Goodrum’s complaint (ECF 2 || No. 1-1). 3 The Clerk of Court is further directed to send a copy of this order to the attention 4 || of Chief of Inmate Services for the Nevada Department of Corrections, P.O. Box 7011, 5 || Carson City, Nevada 89702. 6 It is further ordered that this case be dismissed with prejudice. 7 The Clerk of Court is directed to enter judgment accordingly and to close this case. 8 DATED THIS 8" Day of April 2021. 9 or

11 Y¥ MIRANDA M. DU 12 CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28