Sharpe v. Grundy et al.

Filing 11

ORDER. IT IS HEREBY ORDERED THAT: 10 The Report and Recommendation is ADOPTED in full; This case is DISMISSED with prejudice; The Clerk of Court is directed to ENTER JUDGMENT ACCORDINGLY and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 2/18/2019. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Ray Sharpe,

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Case No.: 2:17-cv-01905-JAD-PAL
Plaintiff
Order Adopting
Report & Recommendation

v.
Alisha Grundy, et al.,

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[ECF No. 10]

Defendants

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Pro se plaintiff Ray Sharpe is a prisoner in the custody of the Nevada Department of

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11 Corrections. Sharpe brings this civil-rights action under 42 U.S.C. § 1983 against private
12 individual Alisha Grundy and a Las Vegas Metropolitan Police Officer, alleging that the officer
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13 allowed Grundy to “remove and take” Sharpe’s property from his house without his consent.

14 Because civil-rights actions are only available against state actors, and Grundy is merely a
15 private citizen, and because officers have no constitutional duty to protect Sharpe’s property
16 from Grundy, the magistrate judge recommends on screening that I dismiss Sharpe’s case with
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17 prejudice and without leave to amend. Having reviewed the report and recommendation de

18 novo, I find it accurate and adopt it in full. And “no review is required of a magistrate judge’s
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19 report and recommendation unless objections are filed,” and Sharpe’s February 14, 2019,

20 deadline to object passed without any objection having been filed. Accordingly,
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IT IS HEREBY ORDERED THAT:

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The Report and Recommendation [ECF No. 10] is ADOPTED in full;

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This case is DISMISSED with prejudice;

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ECF No. 1-1.

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ECF No. 10.

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Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474
U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

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The Clerk of Court is directed to ENTER JUDGMENT ACCORDINGLY and CLOSE

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THIS CASE.

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Dated: February 18, 2019

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_____________
_ _________
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ict Judge Jennifer
t J ud
e n
U.S. District Judge Jennife A. Dorsey

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