Bailey v. State of Nevada et al

Filing 12

ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 5 Magistrate Judge Foley's report and recommendation be, and the same hereby is, ADOPTED in its entirety. See Order for details. Signed by Judge James C. Mahan on 4/12/2018. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 ANTHONY BAILEY, 8 9 10 Case No. 2:16-CV-2515 JCM (GWF) Plaintiff(s), ORDER v. STATE OF NEVADA, et al., 11 Defendant(s). 12 13 Presently before the court is Magistrate Judge Foley’s report and recommendation. (ECF 14 No. 5). Plaintiff Anthony Bailey filed an objection. (ECF No. 10). No responses have been filed, 15 and the deadline for filing objections has since passed. 16 This 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). Where a party timely objects 18 to a magistrate judge’s report and recommendation, then the court is required to “make a de novo 19 determination of those portions of the [report and recommendation] to which objection is made.” 20 28 U.S.C. § 636(b)(1). 21 Where a party fails to object, however, the court is not required to conduct “any review at 22 all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 23 (1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a 24 magistrate judge’s report and recommendation where no objections have been filed. See United 25 States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review 26 employed by the district court when reviewing a report and recommendation to which no 27 objections were made). 28 James C. Mahan U.S. District Judge 1 Magistrate Judge Foley recommends that the court dismiss plaintiff’s causes of action 2 against the state of Nevada, the justices of the Nevada Supreme Court, Judge Valerie Adair, Steven 3 Wolfson, Adam Paul Laxalt, Thomas Groves, Laura Rehfeldt, Bethany Sanchez, and Nancy 4 Katafia, in her official capacity, for failure to state a claim upon which relief can be granted. (ECF 5 No. 5). 6 Plaintiff’s objection does not adequately raise and address objectionable issues with 7 Magistrate Judge Foley’s R&R. Nevertheless, this court finds it appropriate to engage in a de novo 8 review to determine whether to adopt the recommendation of the magistrate judge. Upon 9 reviewing the recommendation and underlying briefs, the court finds that good cause appears to 10 adopt the magistrate judge’s findings. 11 Magistrate Judge Foley granted plaintiff leave to file an amended complaint against 12 defendants Welch and Katafia. (ECF No. 5). On November 17, 2017, plaintiff filed an amended 13 complaint. (ECF No. 11). The amended complaint references defendants other than defendants 14 Welch, and does not reference defendant Katafia. The court will dismiss plaintiff’s amended 15 complaint as to all defendants except Welch. 16 Accordingly, 17 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Magistrate Judge 18 Foley’s report and recommendation (ECF No. 5) be, and the same hereby is, ADOPTED in its 19 entirety. 20 IT IS FURTHER ORDERED that plaintiff’s causes of action against the state of Nevada, 21 the justices of the Nevada Supreme Court, Judge Valerie Adair, Steven Wolfson, Adam Paul 22 Laxalt, Thomas Groves, Laura Rehfeldt, Bethany Sanchez, and Nancy Katafia, in her official 23 capacity, be, and the same hereby are, DISMISSED with prejudice. 24 25 26 DATED April 12, 2018. __________________________________________ UNITED STATES DISTRICT JUDGE 27 28 James C. Mahan U.S. District Judge -2-

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