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3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 SEAN MAURICE DEAN, Case No. 3:22-cv-00150-MMD-CSD

7 Plaintiff, ORDER v. 8 GARY WOODBURY, 9 Defendant. 10 11 Pro se Plaintiff Sean Maurice Dean brings this action under

. 12 Before the Court is the Report and Recommendation (“R&R” or “Recommendation”) of 13 United States Magistrate Judge Craig S. Denney (ECF No. 4), recommending that the 14 Court dismiss this case without prejudice and deny Dean’s application to proceed in forma 15 pauperis (“IFP Application”) as moot. Dean had until June 21, 2022, to file an objection. 16 To date, no objection to the R&R has been filed. For this reason, and as explained below, 17 the Court adopts the R&R, will dismiss this case, and deny the IFP Application as moot. 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 Denny did not clearly err. Here, Judge Denny recommends the Court 3 || dismiss the case without prejudice because Dean only seeks to bring a Sixth Amendment 4 || claim against his former counsel for ineffective assistance of counsel, but he cannot in a 5 || Section 1983 case. (ECF No. 4 at 1.) The Court agrees with Judge Denney. Having 6 || reviewed the R&R and the record in this case, the Court will adopt the R&R in full. 7 It is therefore ordered that Judge Denney’s Report and Recommendation (ECF 8 || No. 4) is accepted and adopted in full. 9 It is further ordered that this case is dismissed—in its entirety—without prejudice. 10 It is further ordered that Dean’s application to proceed in forma pauperis (ECF No. 11 || 1) is denied as moot. 12 The Clerk of Court is directed to enter judgment accordingly and close this case. 13 DATED THIS 27" Day of June 2022. 14

16 □□□□□□□□□□□□□□□□□□□□□□□□□□□□ 17 CHIEF UNITED STATES DISTRICT JUDGE

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