Espinosa v. Filson et al

Filing 101

ORDER accepting and adopting in full ECF No. 98 Report and Recommendation; granting Plaintiff's ECF No. 95 Motion to Dismiss Michelle Clay and Associate Warden T. Sandoval. Signed by Chief Judge Miranda M. Du on 1/31/2020. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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BENJAMIN W. ESPINOSA,

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Case No. 3:18-cv-00298-MMD-CLB
Plaintiff

ORDER

v.
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FILSON, et al.,
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Defendants.
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Plaintiff Benjamin W. Espinosa brings this civil rights case pursuant to 42 U.S.C. §

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1983. Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge

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Carla L. Baldwin, recommending that the Court grant Plaintiff’s motion to voluntarily

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dismiss his claims against Defendants Michelle Clay and Associate Warden T. Sandoval

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(“Motion”) (ECF No. 95). (ECF No. 98.) No objection has been filed. The Court will accept

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the R&R.

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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 to a magistrate’s recommendation, the Court is not required to conduct “any

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review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474

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U.S. 140, 149 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir.

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2003) (“De novo review of the magistrate judges’ findings and recommendations is

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required if, but only if, one or both parties file objections to the findings and

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

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(1983) (providing that the court “need only satisfy itself that there is no clear error on the

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

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Judge Baldwin recommended granting the Motion because Defendants filed no
opposition to the Motion and Plaintiff’s ground for the Motion is that he has found no

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evidence to support his claims against Clay and Sandoval. (ECF No. 98 at 1.) The Court

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agrees with the recommendation and thereby adopts the R&R in full.

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

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Recommendation of Magistrate Judge Carla L. Baldwin (ECF No. 98) is accepted and

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adopted in full.

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It is further ordered that Plaintiff Benjamin W. Espinosa’s motion for voluntary

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dismissal (ECF No. 95) is granted. The claims against Defendants Michelle Clay and

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Associate Warden T. Sandoval are dismissed.

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DATED THIS 31st day of January 2020.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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