Alvarez v. Clark County

6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 * * * RAFAEL BERNARDO ALVAREZ, Case No. 2:22-cv-00261-RFB-EJY 10 Plaintiff, ORDER 11 v. CLARK COUNTY, et al., 13 Defendant.

15 Before the Court for consideration is the Report and Recommendation [ECF No. 4] of the Honorable Elayna J. Youchah, United States Magistrate Judge, entered February 17, 2022.

17 A district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 20 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is required to “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge.

25 Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due by March 3, 2022. No objections have been filed. The Court has reviewed the record in this case and concurs with the Magistrate Judge’s recommendations.

28 . . .

1 IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 4] 1s ACCEPTED and ADOPTED in full.

3 IT IS FURTHER ORDERED that Plaintiff's Claims 2 through 4, attacking the validity of his conviction, is dismissed without prejudice. Plaintiff may refile for relief through a habeas | petition.

6 IT IS FURTHER ORDERED that Plaintiff's Fourth Amendment claim (Claim 1) is | dismissed without prejudice with leave to amend.

8 IT IS FURTHER ORDERED that if Plaintiff so chooses, he is allowed to file an amended | complaint correcting the deficiencies in his Fourth Amendment claim within thirty (30) court days | from the date of this Order. The amended complaint must contain a short and plain statement | describing all facts underlying the conduct that constitutes the violations of law Plaintiff alleges.

12| Fed. R. Civ. P. 8(a)(2). Although the Federal Rules of Civil Procedure adopt a flexible pleading | standard, Plaintiff still must give each Defendant fair notice of Plaintiffs claims against him/her and Plaintiff’s entitlement to relief.

15 IT IS FURTHER ORDERED that any complaint filed by Plaintiff must not exceed a | total of thirty pages in length including exhibits.

17 IT IS FURTHER ORDERED that the Clerk of Court shall send Plaintiff the appropriate | instructions and forms for filing a Habeas Corpus petition under 28 U.S.C. § 2254.

DATED: May 10, 2022. AS 22 RICHARD F. BOULWARE, II 3 United States District Judge -2-