Sanchez v. Baldwin

District Court, D. Nevada

Sanchez v. Baldwin

Trial Court Opinion

1

2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * * 6 JASMINE SANCHEZ, Case No. 3:23-cv-00126-MMD-EJY

7 Plaintiff, ORDER v. 8 CARLA BALDWIN, et al., 9 Defendants. 10 11 Pro se Plaintiff Jasmine Sanchez brings this action against United States 12 Magistrate Judges Carla L. Baldwin and Craig S. Denney under

42 U.S.C. § 1983

. (ECF 13 No. 1-1.) Before the Court is the Report and Recommendation (“R&R”) of United States 14 Magistrate Judge Elayna J. Youchah, recommending that the Court dismiss the case. 15 (ECF No. 4.) Plaintiff’s objection to the R&R was due April 6, 2023. To date, Plaintiff has 16 not objected to the R&R.1 For this reason, and as explained below, the Court adopts the 17 R&R in full and dismisses this case with prejudice. 18 Because there was no objection, the Court need not conduct de novo review, and 19 is satisfied that Judge Youchah did not clearly err. See United States v. Reyna-Tapia, 20

328 F.3d 1114, 1116

(9th Cir. 2003) (“De novo review of the magistrate judges’ findings 21 and recommendations is required if, but only if, one or both parties file objections to the 22 findings and recommendations.”) (emphasis in original). Judge Youchah correctly found 23 that Plaintiff’s lawsuit against Judge Baldwin and Judge Denney, in their official 24 capacities, may not proceed because they are absolutely immune from civil liability for 25 acts performed in their judicial capacity. (ECF No. 4 at 2.) See Mullis v. U.S. Bankr. Court, 26

27 1The Court notes that Plaintiff repeatedly refused to accept the documents pertaining to the R&R. (ECF Nos. 5, 7, 8, 9.) Because Plaintiff is the party filing the lawsuit, 1 ||

828 F.2d 1385, 1394

(9th Cir. 1987); Moore v. Brewster,

96 F.3d 1240, 1243

(9th Cir. 2 || 1996). Accordingly, the Court adopts Judge Youchah’s R&R in full and dismisses the 3 || case with prejudice. 4 It is therefore ordered that Judge Youchah’s Report and Recommendation (ECF 5 || No. 4) is accepted and adopted in full. 6 It is further ordered that Plaintiff's application for leave to proceed in forma pauperis 7 || is denied as moot. 8 It is further ordered that this case is dismissed with prejudice. 9 The Clerk of Court is directed to enter judgment accordingly and close this case. 10 DATED THIS 10 Day of April 2023. _

12 MIRANDA M.DU——— 13 CHIEF UNITED STATES DISTRICT JUDGE

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Reference

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