Gonzalez v. Pennell

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA CIRO GONZALEZ, Case No. 3:24-cv-00500-ART-CSD 6 Plaintiff, ORDER ADOPTING REPORT AND v. RECOMMENDATION OF U.S. 7 MAGISTRATE JUDGE MATTHEW PENNELL, et al., 9 Defendants.

Pro se Plaintiff Ciro Gonzalez sued public defenders Matthew Pennell, Kirsty Pickering, Nestor Marcial, Lauren Gorman, and private investigator Nicholas Czegledi under 42 U.S.C. § 1983. (ECF No. 1-1.) Magistrate Judge Denney issued a report and recommendation (“R&R”) recommending that Plaintiff’s claims against Defendants be dismissed without prejudice because public defenders, when engaged in general representation of a criminal defendant, cannot be sued under 42 U.S.C. § 1983. See Georgia v. McCollum, 505 18 U.S. 42, 53 (1992) (citing Polk Cnty. V. Dodson, 454 U.S. 312).

Under the Federal Magistrates Act, a Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by [a] magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party timely objects to a magistrate judge's report and recommendation, the court is required to “make a de novo determination of those portions of the [report and recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). A court is not required to conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985).

Plaintiff has not filed an objection to Judge Denney’s report and || recommendations and his time to do so has now expired. (See ECF No. 4.)

2 || Conclusion 3 The Court therefore adopts Judge Denney’s report and recommendation || (ECF No. 4) in full.

5 In accordance with that report and recommendation, the Court dismisses || Plaintiffs complaint (ECF No. 1-1) without prejudice and with leave to amend || within 30 days of entry of this order.

8 Additionally, the Court denies Plaintiffs motion to produce video || surveillance evidence (ECF No. 3) as moot.

11 DATED THIS 13th day of February 2025.

13 i en 14 , foe Vaated lam 15 UNITED STATES DISTRICT JUDGE