Miller v. Aranas et al

Filing 77

ORDER - The Report and Recommendation of Magistrate Judge William G. Cobb (ECF No. 72 ) is accepted and adopted in its entirety. Miller's Motion for Preliminary Injunction (ECF No. 38 ) and Motion for Partial Summary Judgment (ECF No. 51 ) are denied as moot without prejudice. Signed by Chief Judge Miranda M. Du on 8/10/2020. (Copies have been distributed pursuant to the NEF - AB)

Case 3:17-cv-00068-MMD-WGC Document 77 Filed 08/10/20 Page 1 of 2
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CLIFFORD W. MILLER,

Case No. 3:17-cv-00068-MMD-WGC
Plaintiff,

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v.
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ROMEO ARANAS, et al.,

ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
OF MAGISTRATE JUDGE
WILLIAM G. COBB

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Defendants.
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Plaintiff Clifford W. Miller, an incarcerated person, brings this civil rights case

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pursuant to 42 U.S.C. § 1983. Magistrate Judge William G. Cobb issued a Report and

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Recommendation (“R&R”) concerning Miller’s pending motions for preliminary injunction

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(ECF No. 38) and for partial summary judgment (ECF No. 51). (ECF No. 72.) Any objection

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to the R&R was due by August 7, 2020, but none has been filed. For the reasons below,

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the Court will accept the R&R in full.

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This Court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party

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fails to object the Court is not required to conduct “any review at all . . . of any issue that

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is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985); see also

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United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (“De novo review of the

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magistrate judges’ findings and recommendations is required if, but only if, one or both

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parties file objections to the findings and recommendations.”) (emphasis in original); Fed.

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R. Civ. P. 72, Advisory Committee Notes (1983) (providing that the court “need only satisfy

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itself that there is no clear error on the face of the record in order to accept the

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recommendation”).

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Here, Judge Cobb recommends that the noted motions be denied as moot and

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without prejudice given, among other things, Miller filing a third amended complaint

Case 3:17-cv-00068-MMD-WGC Document 77 Filed 08/10/20 Page 2 of 2
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(“TAC”) (ECF No. 71)—now the operative complaint. (See ECF No. 72 at 4–5.) Because,

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as Judge Cobb notes, both pending motions are directed at the second amended

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complaint (id.) which has now been superseded by the TAC, the Court agrees they should

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be denied as moot without prejudice.

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It is therefore ordered, adjudged, and decreed that the Report and

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Recommendation of Magistrate Judge William G. Cobb (ECF No. 72) is accepted and

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adopted in its entirety.

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It is further ordered that Miller’s motion for preliminary injunction (ECF No. 38) and

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motion for partial summary judgment (ECF No. 51) are denied as moot without prejudice.

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DATED THIS 10th day of August 2020.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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