Guardado v. State of Nevada Ex Rel et al

Filing 73

ORDER granting 66 Motion to Strike; ORDER adopting 71 Report and Recommendation; Signed by Judge Jennifer A. Dorsey on 6/24/2019. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Ernest Guardado,

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Plaintiff
v.

Case No.: 2:17-cv-01072-JAD-VCF
Order Adopting Report & Recommendation
and Granting Motion to Strike Defendant
Guice’s Joinder to Answer

State of Nevada ex rel, et al.
[ECF Nos. 66, 71]

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Defendants

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Pro se prisoner Ernest Guardado brings this civil-rights action to redress events that he

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10 claims occurred during his incarceration at Nevada’s High Desert State Prison. The Clerk of
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11 Court entered default against Defendant Morris Guice on March 21, 2019, yet a month later,
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12 Guice joined in Defendant Antonio Bryant’s answer to the complaint. Guardado moves to
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13 strike that joinder because Guice has been defaulted and has not had that default set aside.

14 Guice filed no opposition, and the Magistrate Judge recommends that I grant the motion to
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15 strike. “[N]o review is required of a magistrate judge’s report and recommendation unless
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16 objections are filed.”

IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation

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18 [ECF No. 71] is ADOPTED in full;
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ECF No. 6.

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ECF No. 44.

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ECF No. 62.

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ECF No. 20.

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ECF No. 66.

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ECF No. 71.

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Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474
28 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
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IT IS FURTHER ORDERED THAT the motion to strike [ECF No. 66] is GRANTED.

2 The Clerk of Court is directed to STRIKE [ECF No. 62] Defendant Guice’s joinder in the
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Dated: June 24, 2019

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_________________________________
___________________
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U.S. District Judge Jennifer A. Dorsey
rict Judge Jennifer A.
t Judg
if
if

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