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3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 ASHLEY GLYNN BRANCH, Case No. 3:22-cv-00410-MMD-CSD

7 Plaintiff, ORDER v. 8 JESSICA LONGLEY, et al., 9 Defendants. 10 11 Pro se Plaintiff Ashley Glynn Branch brings this action asserting an Eighth 12 Amendment violation for excessive bail. Before the Court is the Report and 13 Recommendation (“R&R” or “Recommendation”) of United States Magistrate Judge Craig 14 S. Denny (ECF No. 3), recommending Branch’s case be dismissed without prejudice and 15 his application to proceed in forma pauperis (“IFP Application”) be denied as moot so 16 Branch may file a petition for writ of habeas corpus. Plaintiff had until October 3, 2022, to 17 file an objection. To date, no objection to the R&R has been filed. For this reason, and as 18 explained below, the Court adopts the R&R, and will dismiss this case. 19 The Court “may accept, reject, or modify, in whole or in part, the findings or 20 recommendations made by the magistrate judge.”

(b)(1). Where a party 21 fails to object to a magistrate judge’s recommendation, the Court is not required to 22 conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas 23 v. Arn,

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

, 24 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 25 recommendations is required if, but only if, one or both parties file objections to the 26 findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory 27 Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no 28 clear error on the face of the record in order to accept the recommendation.”). 1 Because there is no objection, the Court need not conduct de novo review, and is 2 || satisfied Judge Denney did not clearly err. Here, 3 || Judge Denney recommends the case be dismissed and Branch’s IFP Application be 4 || denied as moot so that Branch may file a petition for writ of habeas corpus, as the 5 || Supreme Court and the United States Court of Appeals for the Ninth Circuit have held 6 || that is the appropriate remedy for the excessive bail allegation forming the basis of 7 || Branch’s complaint. The Court agrees with Judge Denney. Having reviewed the R&R and 8 || the record in this case, the Court will adopt the R&R in full. 9 It is therefore ordered that Judge Denney’s Report and Recommendation (ECF 10 || No. 3) is accepted and adopted in full. 11 It is further ordered that this case is dismissed, in its entirety, without prejudice. 12 It is further ordered that Branch’s IFP Application (ECF No. 1) is denied as moot. 13 The Clerk of Court is directed to enter judgment accordingly and close this case. 14 DATED THIS 11" Day of October 2022. 15 i ALA 17 □□□□□□□□□□□□□□□□□□□□□□□□ 18 CHIEF UNITED STATES DISTRICT JUDGE

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