Vidal v. Herndon

District Court, D. Nevada

Vidal v. Herndon

Trial Court Opinion

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

9 RANCISCO VIDAL, SANDRA SCHARAS, Case No. 2:20-cv-00442-RFB-EJY BRITTANY PAUGH, 10 Plaintiffs, ORDER 11 v. 12

13 DOUGLAS HERNDON, MARY KAY HULTHUS, CYNTHIA SOUCHAK, 14 BENJAMIN NADIG, STEVE SISOLAK, SHERIFF JOE LOMBARDOSTATE 15 FACILITIES,

16 Defendants.

17 18 Before the Court for consideration is the Report and Recommendation [ECF No. 9] of the 19 Honorable Elayna J. Youchah, United States Magistrate Judge, entered November 5, 2021. 20 A district court “may accept, reject, or modify, in whole or in part, the findings or 21 recommendations made by the magistrate.”

28 U.S.C. § 636

(b)(1). A party may file specific 22 written objections to the findings and recommendations of a magistrate judge.

28 U.S.C. § 23

636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is 24 required to “make a de novo determination of those portions of the report or specified proposed 25 findings or recommendations to which objection is made.”

28 U.S.C. § 636

(b)(1); see also Local 26 Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct 27 “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge. 28 Thomas v. Arn,

474 U.S. 140, 149

(1985). Pursuant to Local Rule IB 3-2(a), objections were due by November 19, 2021. No objections have been filed. The Court has reviewed the record in this case and concurs with the Magistrate Judge’s recommendations. 3 IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 9] 1s 4| ACCEPTED and ADOPTED in full. 5 IT IS FURTHER ORDERED that Plaintiffs claims is DISMISSED with prejudice for 6 | failure to state a claim upon which relief can be granted as he cannot seek relief on behalf of others 7 | and his claims are barred by Heck v. Humphry rendering amendment futile g nnn, 9 DATED: January 14, 2022. AS " RICHARD F. BOULWARE, II 1 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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