Douglas-McClain v. Ames

District Court, D. Nevada

Douglas-McClain v. Ames

Trial Court Opinion

1

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 SEAN EDWARD MCCLAIN-DOUGLAS, Case No. 2:22-cv-00225-ART-NJK 5 Plaintiff, ORDER 6 v.

7 JACK AMES, et al.,

8 Defendant(s).

9 Pro se Plaintiff Sean Edward McClain-Douglas brings this action under 42

10 U.S.C. § 1983

. Before the Court is the Report and Recommendation (“R&R” or 11 “Recommendation”) of United States Magistrate Judge Nancy J. Koppe (ECF No. 12 3), recommending dismissal of Plaintiff’s complaint with prejudice. Plaintiff had 13 until April 20, 2022 to file an objection. To date, no objection to the R&R has 14 been filed. For this reason, and as explained below, the Court adopts the R&R, 15 and will dismiss Plaintiff’s complaint with prejudice. 16 The Court “may accept, reject, or modify, in whole or in part, the findings 17 or recommendations made by the magistrate judge.”

28 U.S.C. § 636

(b)(1). Where 18 a party fails to object to a magistrate judge’s recommendation, the Court is not 19 required to conduct “any review at all . . . of any issue that is not the subject of 20 an objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985); see also United States v. 21 Reyna-Tapia,

328 F.3d 1114, 1116

(9th Cir. 2003) (“De novo review of the 22 magistrate judges’ findings and recommendations is required if, but only if, one 23 or both parties file objections to the findings and recommendations.”) (emphasis 24 in original); Fed. R. Civ. P. 72, Advisory Committee Notes (1983) (providing that 25 the Court “need only satisfy itself that there is no clear error on the face of the 26 record in order to accept the recommendation.”). 27 Because there is no objection, the Court need not conduct de novo review, 28 1 || and is satisfied Judge Koppe did not clearly err. Here, Judge Koppe recommends 2 || dismissal with prejudice because Plaintiff's complaint consists of unintelligible 3 || demands against two state judges based vaguely on sovereign citizen principles, 4 || which courts have uniformly rejected, so leave to amend would be futile. (ECF 5 || No. 3 at 2.) The Court agrees with Judge Koppe. Having reviewed the R&R and 6 || the record in this case, the Court will adopt the R&R in full. 7 It is therefore ordered that Judge Koppe’s Report and Recommendation 8 || (ECF No. 3) is accepted and adopted in full. 9 It is further ordered that Plaintiffs complaint be DISMISSED with 10 || prejudice. 11 12 13 DATED THIS 21st day of July 2022. 14 15 en Apo Waseed 17 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28

Reference

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