Gallegos v. Allen et al
ORDER - Judge Cobb's Report and Recommendation (ECF No. 78 ) is accepted and adopted in full. Defendants Sheriff Allen and Sheriff Balaam's Motion for Summary Judgment (ECF No. 72 ) as to Count III is granted. Signed by Chief Judge Miranda M. Du on 1/6/2021. (Copies have been distributed pursuant to the NEF - AB)
Case 3:18-cv-00505-MMD-WGC Document 79 Filed 01/06/21 Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:18-cv-00505-MMD-WGC
CHUCK ALLEN, et al.,
Pro se Plaintiff Jose Gallegos brings this action under 42 U.S.C. § 1983. Before
the Court is the Report and Recommendation (“R&R” or “Recommendation”) of United
States Magistrate Judge William G. Cobb (ECF No. 78), recommending Defendant Sheriff
Allen and Sheriff Balaam’s motion for summary judgment (ECF No. 72) be granted.
Plaintiff had until January 1, 2021 to file an objection. To date, no objection to the R&R
has been filed. For this reason, and as explained below, the Court adopts the R&R, and
will grant the motion for summary judgment.
The Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party
fails to object to a magistrate judge’s recommendation, the Court is not required to
conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas
v. Arn, 474 U.S. 140, 149 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114,
1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and
recommendations is required if, but only if, one or both parties file objections to the
findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory
Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no
clear error on the face of the record in order to accept the recommendation.”).
Case 3:18-cv-00505-MMD-WGC Document 79 Filed 01/06/21 Page 2 of 2
Because there is no objection, the Court need not conduct de novo review, and is
satisfied Judge Cobb did not clearly err. Here, Judge Cobb recommends granting
Defendant’s Sheriff Allen and Sheriff Balaam’s motion for summary judgment as to
Plaintiff’s Count III claims. (ECF No. 78 at 6.) The Court agrees with Judge Cobb. Having
reviewed the R&R and the record in this case, the Court will adopt the R&R in full.
It is therefore ordered that Judge Cobb’s Report and Recommendation (ECF No.
78) is accepted and adopted in full.
It is further ordered that Defendants Sheriff Allen and Sheriff Balaam’s motion for
summary judgment (ECF No. 72) as to Count III is granted.
DATED THIS 6th Day of January 2021.
MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE
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