1 2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 BUDD REESE, Case No. 2:17-cv-01627-MMD-CLB

7 Plaintiff, ORDER v. 8 ROBERT FOXFULKER, et al., 9 Defendants. 10 11 Plaintiff Budd Reese filed a civil rights complaint under

. Before 12 the Court is the Report and Recommendation (“R&R” or “Recommendation”) of United 13 States Magistrate Judge Carla L. Baldwin (ECF No. 61), recommending that Defendants’ 14 motion for summary judgment (ECF No. 53) be granted. Reese had until September 28, 15 2021, to file an objection. To date, no objection to the R&R has been filed. For this reason, 16 and as explained below, the Court adopts Judge Baldwin’s R&R and will grant 17 Defendants’ 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.”

(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 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.”). 28 /// 1 Because there is no objection, the Court need not conduct de novo review, and is 2 || satisfied Judge Baldwin did not clearly err. Here, Judge Baldwin recommends 3 || Defendants’ motion for summary judgment be granted because Reese did not show the || NDOC’s “chosen course of treatment was medically unacceptable under the 5 || circumstance,” and therefore, Reese failed to meet his burden to show an issue of fact 6 || that Defendants were deliberately indifferent to Reese’s serious medical needs. (ECF No. 7 || 61 at 9 (quoting Toguchi v. Chung,

(9th Cir. 2004).) The Court 8 || agrees with Judge Baldwin. Having reviewed the R&R and the record in this case, the 9 || Court will adopt the R&R in full. 10 It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF 11 || No. 61) is accepted and adopted in full. 12 It is further ordered that Defendants’ motion for summary judgment (ECF No. 53) 13 || is granted. 14 The Clerk of Court is directed to enter judgment accordingly and close this case. 15 DATED THIS 30" Day of September 2021. 16 17 “a, Ld MIRANBA M. DU 19 CHIEF UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28