1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 THOMAS JOHN HEYDEN, 5 Case No. 3:24-cv-451-ART-CSD Plaintiff, 6 vs. ORDER ON REPORT & RECOMMENDATION OF 7 MINERAL COUNTY SHERIFF’S MAGISTRATE JUDGE OFFICE, et al., (ECF No. 9) 8 Defendants. 9 10 Plaintiff Thomas John Heyden, a pre-trial detainee currently housed at the 11 Mineral County Detention Center, filed a complaint in this action alleging 12 violations of their rights under the Fourth Amendment related to their pending 13 criminal case in state court. (ECF No. 1-1.) Magistrate Judge Denney issued a 14 Report and Recommendation (R&R), in which he screened Plaintiff’s complaint 15 and recommended granting Plaintiff’s application to proceed in forma pauperis 16 (“IFP Application”) and dismissing Plaintiff’s claims without prejudice because 17 they relate to Plaintiff’s pending criminal case in state court. Plaintiff did not 18 object to Judge Denney’s R&R. 19 I. Review of Report and Recommendation 20 Magistrate judges are empowered to issue reports and recommendations 21 on dispositive issues, which district judges may “accept, reject, or modify, in 22 whole or in part.”

(b)(1)(C). Where, as here, neither party objects 23 to a magistrate judge's recommendation, the district court is not required to 24 perform any review of that judge's conclusions. See Thomas v. Arn,

, 25 150 (1985). 26 Although no review is required, the Court agrees with Judge Denney that 27 Plaintiff’s claims in their first complaint relate to Plaintiff’s underlying criminal 28 case in state court, which is ongoing. Under Younger v. Harris, federal courts may 1 not interfere with ongoing state criminal proceedings.

(1971). 2 The Court therefore adopts Judge Denney’s R&R. Plaintiff’s claims in their 3 first complaint (ECF No. 1-1) are dismissed without prejudice. 4 II. Plaintiff’s New IFP Application and Complaint 5 Plaintiff has subsequently filed a new IFP application and complaint with 6 entirely different claims: that they are a transgender woman and are not being 7 provided with necessary medical treatments while at the Mineral County 8 Detention Facility. (ECF Nos. 10, 11.) 9 These claims are unrelated to the claims in this case. The Court construes 10 this as an attempt by Plaintiff to file a new case in this Court. The Court will 11 therefore order the Clerk to open a new case and file Plaintiff’s new IFP application 12 and complaint (ECF Nos. 10, 11) in that action. 13 If Plaintiff did not intend to file a new case with this Court, Plaintiff may 14 file a “notice of voluntary dismissal” in the new case, which will dismiss that case. 15 III. Plaintiff’s Mailing Address 16 Plaintiff’s mail has been returned as undeliverable. (ECF No. 13.) It has 17 come to the attention of the Court that the mailing address Plaintiff has listed is 18 an incorrect address for Mineral County Detention Center. The Court will instruct 19 the Clerk of the Court to update Plaintiff’s address in this case to correct this 20 error. The correct address for Mineral County Detention Center is: 21 Mineral County Detention Center 105 South A St. 22 Hawthorne, NV 89415 23 IV. Conclusion 24 With respect to this case: 25 It is therefore ordered that Judge Denney’s R&R (ECF No. 9) is ADOPTED. 26 It is further ordered that Plaintiff’s complaint (ECF No. 1-1) is denied 27 without prejudice. 28 // 1 It is further ordered that Plaintiff's IFP applications (ECF Nos. 1, 7, 10) are 2 || DENIED AS MOOT. 3 It is further ordered that the Clerk of the Court is instructed to update 4 || Plaintiff's address in this action to: 5 Thomas John Heyden 6 24218 Mineral County Detention Center 7 105 South A St. Hawthorne, NV 89415 8 9 It is further ordered that the Clerk of the Court is instructed to CLOSE this 10 || case. 11 With respect to the new case: 12 It is therefore ordered that the Clerk of the Court is ordered to 13 || administratively open a new case with this court and file Plaintiffs second IFP 14 || application (ECF No. 10) and complaint (ECF No. 11) in that action. 15 It is further ordered that the Clerk of the Court is instructed to file a copy 16 || of this order in the new case. 17 It is further ordered that the Clerk of the Court is instructed to update 18 || Plaintiff's address in the new action to: 19 Thomas John Heyden 20 24218 21 Mineral County Detention Center 105 South A St. 22 Hawthorne, NV 89415 23 24 Dated this 18 day of February, 2025. 25 26 Ap floret Je 27 ANNE R. TRAUM UNITED STATES DISTRICT JUDGE 28