1

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 JOSEPH CANTRELL, Case No. 3:23-cv-544-ART-CSD 5 Plaintiff, ORDER 6 v. (ECF Nos. 1-1, 9, 10, 12) 7 PYRAMID LAKE PAUITE TRIBE, et al.,

8 Defendants.

9 10 Plaintiff Joseph Cantrell filed a pro se civil rights suit against the Pyramid 11 Lake Pauite Tribe, two John Doe police officers, Charlene Dressler, Boyd Jackson, 12 Anne Laughlin, and two Doe police officers. Magistrate Judge Denney issued a 13 Report and Recommendation (R&R) granting Plaintiff’s motion to proceed in forma 14 pauperis, granting Plaintiff’s motion to reopen his case, and filing Plaintiff’s 15 complaint. Judge Denney then screened Plaintiff’s complaint and recommended 16 that it be dismissed for lack of jurisdiction. (ECF No. 12.) Plaintiff did not object. 17 The Court adopts the R&R in full. The Court is not required to 18 “review . . . any issue that is not the subject of an objection” to an R&R. Thomas 19 v. Arn,

(1985); see, e.g., United States v. Reyna–Tapia, 328

(9th Cir. 2003). 21 First, Plaintiff may not sue the Pyramid Lake Paiute Tribe because it enjoys 22 sovereign immunity. Santa Clara Pueblo v. Martinez,

, 57–59 (1978). 23 Nor may Plaintiff’s suit for damages under the Indian Civil Rights Act 24 against individual officers proceed in a federal forum. The Indian Civil Rights Act, 25

, provides a cause of action for habeas relief, not for other civil 26 rights violations like those alleged here.

at 59–72. 27 Accordingly, the Court adopts Judge Denney’s R&R (ECF No. 12). 28 The Court grants Plaintiff’s newly filed IFP application and instructs the 1 || Clerk to file Plaintiffs complaint. 2 Finally, the Court dismisses Plaintiff's complaint against the Pyramid Lake 3 || Paiute Tribe with prejudice and without leave to amend, and it dismisses 4 || Plaintiffs suit against individual officers with leave to amend and without 5 || prejudice. 6 7 DATED THIS 21st day of January 2025. Ars jlosed Jer ? ANNE R. TRAUM 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28