1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 DELBERT M. GREENE, Case No.: 2:22-cv-01634-APG-DJA

4 Plaintiff Order Accepting Report and Recommendation and Denying Plaintiff’s 5 v. Motion

6 STATE OF NEVADA, et al., [ECF Nos. 3, 6]

7 Defendants

8 On October 5, 2022, Magistrate Judge Albregts recommended that I dismiss plaintiff 9 Delbert Greene’s complaint because Greene sues defendants who are immune and because 10 Greene’s claims are barred by Heck v. Humphrey,

(1994). ECF No. 3. Greene did 11 not timely object. Thus, I am not obligated to conduct a de novo review of the report and 12 recommendation.

(b)(1) (requiring district courts to “make a de novo 13 determination of those portions of the report or specified proposed findings to which objection is 14 made”); United States v. Reyna-Tapia,

(9th Cir. 2003) (en banc) (“the 15 district judge must review the magistrate judge’s findings and recommendations de novo if 16 objection is made, but not otherwise” (emphasis in original)). 17 Rather than object, Greene filed a “motion of good faith consideration.” ECF No. 6. In 18 that motion, Greene asserts that Clark County and City of Las Vegas should be substituted for 19 two of the Doe defendants. He contends that, construed liberally, he has stated a claim against 20 these defendants because the “county treasury did not fund plaintiff’s investigation.” Id. at 2. 21 But a review of the complaint shows that this allegation relates to a challenge to his conviction. 22 ECF No. 1-1 at 13-14 (alleging the “county treasury violated chapter 7 when this agency of the 23 City of Las Vegas failed to issue funds for an investigation to the three court appointed attorneys Greene does not explain why his allegations against the county or city are not barred by 2|| Heck. Consequently, I deny his motion and overrule it to the extent that it is meant to be an 3] objection to the report and recommendation. I accept Judge Albregts’ recommendation to dismiss Greene’s complaint without prejudice to Greene filing a habeas corpus petition and without prejudice to Greene filing a civil rights lawsuit against non-immune defendants if his conviction is invalidated. 7 I THEREFORE ORDER that Judge Albregts’ report and recommendation (ECF No. 3) is 8|| accepted and plaintiff Delbert Greene’s motion of good faith consideration (ECF No. 6) is denied. Green’s complaint (ECF No. 1-1) is DISMISSED without prejudice to Greene filing a 10|| habeas corpus petition and without prejudice to Greene filing a civil rights lawsuit against non- 11|/immune defendants if his conviction is overturned. 12 DATED this 26th day of October, 2022. 13 OIE 4 ANDREWP.GORDON. 15 UNITED STATES DISTRICT JUDGE

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