Wright v. McPeak

District Court, D. Nevada

Wright v. McPeak

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 BRIAN KEITH WRIGHT, Case No. 2:22-cv-01406-RFB-EJY

8 Plaintiffs, ORDER

9 v.

10 CHRISTOPHER, et al.,

11 Defendants.

12

13 Before the Court for consideration is the Report and Recommendation (“R&R”) of the 14 Honorable Elayna J. Youchah, United States Magistrate Judge, dated September 17, 2024 (ECF 15 No. 22). For the reasons explained below, the Court adopts the R&R in full 16 A district court “may accept, reject, or modify, in whole or in part, the findings or 17 recommendations made by the magistrate.”

28 U.S.C. § 636

(b)(1). A party may file specific 18 written objections to the findings and recommendations of a magistrate judge.

28 U.S.C. § 19

636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is 20 required to “make a de novo determination of those portions of the report or specified proposed 21 findings or recommendations to which objection is made.”

28 U.S.C. § 636

(b)(1); see also Local 22 Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct 23 “any review,” de novo1 or otherwise, of the report and recommendations of a magistrate judge. 24 Thomas v. Arn,

474 U.S. 140, 149

(1985). 25 No objection was filed here. Further, on independent review, the Court agrees with Judge 26

27 1 De novo review simply means a review by one court using the lower court’s record but reviewing the 28 evidence and the law without deference to the lower court’s findings and rulings. See Appeal, Black’s Law Dictionary (11th ed. 2019). 1 | Youchah’s reasoning that Plaintiff has improperly produced filings in a closed case. 2 Therefore, for the foregoing reasons, IT IS ORDERED that the Report and 3 | Recommendation of the Magistrate Judge (ECF No. 22) is ADOPTED in full. Plaintiffs 4| application to proceed in forma pauperis (ECF No. 20) and the Amended Complaint (ECF No. 21) are DENIED. 6 IT IS FURTHER ORDERED that the Clerk of Court is instructed to close the case and 7 | accept no further filings in this case. 8 IT IS FURTHER ORDERED that the Clerk of Court will provide Plaintiff Brian Keith Wright with a physical copy of this Order by U.S postage. 10 1] DATED: April 14, 2025. 12 13 14 RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28

-2-

Reference

Status
Unknown