Kelvin James v. Officer of the Federal Public Defender and Amelia L. Bizzaro

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA KELVIN JAMES, Case No.: 2:25-cv-02271-APG-BNW 4 Plaintiff Order Accepting Report and Recommendation v. [ECF No. 9] OFFICER OF THE FEDERAL PUBLIC DEFENDER and AMELIA L. BIZZARO, Defendants 9 On December 29, 2025, Magistrate Judge Weksler recommended that I dismiss with 10}| prejudice plaintiff Kelvin James’ complaint because James cannot pursue his claims of ineffective assistance of counsel under 42 U.S.C. § 1983, nor can he pursue a habeas petition in case because the “ineffectiveness or incompetence of counsel during federal or state collateral post-conviction proceedings is not a basis for relief in a proceeding arising under [28 14] U.S.C. § ] 2254.” ECF No. 9 at 2. James did not object. Thus, I am not obligated to conduct a 15]| de novo review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo determination of those portions of the report or specified proposed 17] findings to which objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s findings and 19] recommendations de novo if objection is made, but not otherwise” (emphasis in original)).

20 I THEREFORE ORDER that Magistrate Judge Weksler’s report and recommendation No. 9) is accepted, and plaintiff Kelvin James’ complaint (ECF No. 10) is dismissed with 22|| prejudice. The clerk of court is instructed to enter judgment accordingly and to close this case.

23 DATED this 16th day of January, 2026. ( Z ANDREW P. GORDON CHIEF UNITED STATES DISTRICT JUDGE