Warren v. Nev. Dept. of Corr. et al

Filing 225

ORDER - Judge Cobb's Report and Recommendation (ECF No. 220 ) is Accepted and Adopted if Full and that Plaintiff Keith Warren's Motion for Temporary Restraining Order (ECF No. 133 ) is Denied. Signed by Chief Judge Miranda M. Du on 6/15/2021. (Copies have been distributed pursuant to the NEF - SMR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KEITH A. WARREN,

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Plaintiff,
v.
NEVADA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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Case No. 3:17-cv-00228-MMD-WGC
ORDER

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Pro se Plaintiff Keith Warren filed a civil rights complaint under 42 U.S.C. § 1983.

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(ECF No. 49.) Before the Court is the Report and Recommendation (“R&R” or

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“Recommendation”) of United States Magistrate Judge William G. Cobb (ECF No. 220),

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recommending that Warren’s motion for a temporary restraining order (ECF No. 133) be

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denied. Warren had until June 9, 2021, to file an objection. To date, no objection to the

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R&R has been filed. For this reason, and as explained below, the Court adopts Judge

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Cobb’s R&R and will deny Warren’s motion.

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The 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 to a magistrate judge’s recommendation, the Court is not required to

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conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas

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v. Arn, 474 U.S. 140, 149 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114,

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1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and

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recommendations is required if, but only if, one or both parties file objections to the

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findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory

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Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no

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clear error on the face of the record in order to accept the recommendation.”).

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Because there is no objection, the Court need not conduct de novo review, and is

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satisfied Judge Cobb did not clearly err. Here, Judge Cobb recommends that Warren’s

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motion be denied because Warren has failed to address the likelihood of success on the

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merits of his retaliation claims, and he has not established that he is likely to suffer

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irreparable harm. (ECF No. 220 at 5-6.) The Court agrees with Judge Cobb and finds that

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Warren has not met his burden in seeking injunctive relief. Having reviewed the R&R and

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the record in this case, the Court will adopt the R&R in full.

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It is therefore ordered that Judge Cobb’s Report and Recommendation (ECF No.
220) is accepted and adopted in full.
It is further ordered that Plaintiff Keith Warren’s motion for a temporary restraining
order (ECF No. 133) is denied.
DATED THIS 15th Day of June 2021.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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