Ruiz v. Elko County Court House
Ruiz v. Elko County Court House
Trial Court Opinion
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3 UNITED STATES DISTRICT COURT
4 DISTRICT OF NEVADA
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6 VICTOR RUIZ, Case No. 3:23-cv-00353-ART-CLB
7 Plaintiff, ORDER v. 8 ELKO COUNTY COURT HOUSE, et 9 al.,
10 Defendants. 11 Pro se Plaintiff Victor Ruiz brings this action under
42 U.S.C. § 1983. 12 Plaintiff alleges various claims connected to his detention at Elko County 13 Detention Center, including ineffective assistance of counsel, breach of plea 14 agreement, and defamation of character. (ECF No. 1-1 at 3-5.) Before the Court 15 is the Report and Recommendation (“R&R” or “Recommendation”) of United 16 States Magistrate Judge Carla Baldwin (ECF No. 4), recommending the Court 17 dismiss the case for failing to pay the filing fee or submit an application to 18 proceed in forma pauperis. Plaintiff had until September 20, 2023 to file an 19 objection. To date, no objection to the R&R has been filed. For this reason, and 20 as explained below, the Court adopts the R&R, and will dismiss the case without 21 prejudice. 22 The Court “may accept, reject, or modify, in whole or in part, the findings 23 or recommendations made by the magistrate judge.”
28 U.S.C. § 636(b)(1). Where 24 a party fails to object to a magistrate judge’s recommendation, the Court is not 25 required to conduct “any review at all . . . of any issue that is not the subject of 26 an objection.” Thomas v. Arn,
474 U.S. 140, 149(1985); see also United States v. 27 Reyna-Tapia,
328 F.3d 1114, 1116(9th Cir. 2003) (“De novo review of the 28 1 || magistrate judges’ findings and recommendations is required if, but only if, one 2 || or both parties file objections to the findings and recommendations.”) (emphasis 3 || in original); Fed. R. Civ. P. 72, Advisory Committee Notes (1983) (providing that 4 || the Court “need only satisfy itself that there is no clear error on the face of the 5 || record in order to accept the recommendation.”). 6 Because there is no objection, the Court need not conduct de novo review, 7 || and is satisfied Judge Baldwin did not clearly err. Here, Judge Baldwin 8 || recommends the Court dismiss the case for failing to pay the filing fee or submit 9 || an application to proceed in forma pauperis. (ECF No. 4 at 3.) The Court agrees 10 || with Judge Baldwin. Having reviewed the R&R and the record in this case, the 11 || Court will adopt the R&R in full. 12 It is therefore ordered that Judge Baldwin’s Report and Recommendation 13 || (ECF No. 4) is accepted and adopted in full. 14 It is further ordered that the case is dismissed without prejudice. 15 It is further ordered that the Clerk of Court enter judgment accordingly. 16 17 18 DATED THIS 10t Day of October 2023. 19 20 Aras plod Td 21 ANNER.TRAUM 39 UNITED STATES DISTRICT JUDGE
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Reference
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