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2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

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6 TACUMA J. M’WANZA-EL, Case No. 3:19-cv-00679-MMD-CSD

7 Plaintiff, ORDER v. 8 SCOTT DAVIS, 9 Defendant. 10 11 Pro se Plaintiff Tacuma M’wanza-El initiated this action against Defendant Scott 12 Davis, alleging that Defendant violated the First Amendment’s Free Exercise Clause 13 when he denied M’wanza-El the ability to participate in Ramadan fasting in both May and 14 October 2019. (ECF No. 8.) Before the Court is the Report and Recommendation (ECF 15 No. 37 (“R&R”)) of United States Magistrate Judge Craig S. Denny, recommending 16 Defendant’s motion for summary judgment be denied. Defendant had until April 18, 2022, 17 to file an objection. To date, no objection to the R&R has been filed. For this reason, and 18 as explained below, the Court adopts the R&R and denies Defendant’s motion for 19 summary judgment. 20 The Court “may accept, reject, or modify, in whole or in part, the findings or 21 recommendations made by the magistrate judge.”

(b)(1). Where a party 22 fails to object to a magistrate judge’s recommendation, the Court is not required to 23 conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas 24 v. Arn,

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

, 25 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 26 recommendations is required if, but only if, one or both parties file objections to the 27 findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory 1 || Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no 2 || clear error on the face of the record in order to accept the recommendation.”). 3 Because there is no objection, the Court need not conduct de novo review, and is 4 || satisfied Judge Denney did not clearly err. Here, Judge Denney recommends denying the 5 || motion for summary judgment as M’wanza-El has offered evidence that he has a sincere 6 || belief that observing Ramadan with the Moorish Science Temple of America, Inc., and 7 || with the Islam/Muslim faith group is consistent with his faith. (ECF No. 37 at 10-13.) 8 || M’wanza-El has also offered evidence that his religious practice was substantially 9 || burdened by Defendant. (/d.) Moreover, Defendant is not entitled to qualified immunity. 10 || (/d. at 13-14.) The Court agrees with Judge Denney. Having reviewed the R&R and the 11 || record in this case, the Court will adopt the R&R in full. 12 It is therefore ordered that Judge Craig S. Denney’s Report and Recommendation 13 || (ECF No. 37) is accepted and adopted in full. 14 It is further ordered that Defendant’s motion for summary judgment (ECF No. 32) 15 || is denied. 16 DATED THIS 26" Day of April 2022. 17 18 A ( A 19 MIRANBA M. DU 20 CHIEF UNITED STATES DISTRICT JUDGE

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