Gomez v. Estey

District Court, D. Nevada

Gomez v. Estey

Trial Court Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 * * *

9 VICTOR E. GOMEZ, Case No. 2:21-cv-01105-RFB-EJY

10 Plaintiff, ORDER 11 v.

12

13 CRAIG ESTEY, et al.,

14 Defendants.

15 16 Before the Court for consideration is the Report and Recommendation [ECF No. 3] of the 17 Honorable Elayna J. Youchah, United States Magistrate Judge, entered August 4, 2021. 18 A district court “may accept, reject, or modify, in whole or in part, the findings or 19 recommendations made by the magistrate.”

28 U.S.C. § 636

(b)(1). A party may file specific 20 written objections to the findings and recommendations of a magistrate judge.

28 U.S.C. § 21

636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is 22 required to “make a de novo determination of those portions of the report or specified proposed 23 findings or recommendations to which objection is made.”

28 U.S.C. § 636

(b)(1); see also Local 24 Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct 25 “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge. 26 Thomas v. Arn,

474 U.S. 140, 149

(1985). Pursuant to Local Rule IB 3-2(a), objections were due 27 by August 18, 2021. No objections have been filed. The Court has reviewed the record in this case 28 and concurs with the Magistrate Judge’s recommendations. 1 IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 3] is ACCEPTED and ADOPTED in full. 3 IT IS FURTHER ORDERED that Plaintiff's Complaint (ECF No. 1-1) is dismissed 4| without prejudice as barred by Heck v. Humphrey. 5 IT IS FURTHER ORDERED that the Clerk of Court send Plaintiffa copy of instructions 6 | pertaining to filing a habeas corpus petition so that, if he so chooses, Plaintiff may commence a 7 | new claim under

28 U.S.C. § 2254

. 8 7 DATED: January 27, 2022. 10 C 11 RICHARD F. BOULWARE, II United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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Reference

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