Goodrum v. City of Fallon et al

Filing 6

ORDER - Judge Cobb's Report and Recommendation (ECF No. 5 ) is accepted and adopted in full. Plaintiff's application to proceed in forma pauperis (ECF No. 3 ) is granted. NDOC shall pay Clerk $350 filing fee from inmate account. The Motion for Appointment of Counsel (ECF No. 4 ) is denied as moot. Clerk is directed to file the Complaint (ECF No. 1 -1). Clerk is directed to send a copy of this order to the Chief of Inmate Services (mailed to NDOC on 4/27/2021). This case is dismissed without prejudice. Clerk is directed to enter judgment accordingly and to close this case. Signed by Chief Judge Miranda M. Du on 4/27/2021. (Copies have been distributed pursuant to the NEF - AB)

Download PDF
1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 8 MITCHELL KEITH GOODRUM, Plaintiff, v. CITY OF FALLON, et al., 9 Defendants. 7 Case No. 3:20-cv-00539-MMD-WGC ORDER 10 Pro se Plaintiff Mitchell Goodrum filed a civil rights complaint under 42 U.S.C. § 11 1983. (ECF No. 1-1.) Goodrum has also filed an application to proceed in forma pauperis 12 (“IFP”) and a motion for appointment of counsel. (ECF Nos. 3, 4.) Before the Court is the 13 Report and Recommendation (“R&R” or “Recommendation”) of United States Magistrate 14 Judge William G. Cobb (ECF No. 5), recommending that Goodrum’s IFP application be 15 granted, motion for appointment of counsel be denied as moot, and that this case be 16 dismissed without prejudice. Goodrum had until April 22, 2021 to file an objection. To 17 date, no objection to the R&R has been filed. For this reason, and as explained below, 18 the Court adopts Judge Cobb’s R&R and will dismiss this case without prejudice. 19 The Court “may accept, reject, or modify, in whole or in part, the findings or 20 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party 21 fails to object to a magistrate judge’s recommendation, the Court is not required to 22 conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas 23 v. Arn, 474 U.S. 140, 149 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114, 24 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 25 recommendations is required if, but only if, one or both parties file objections to the 26 findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory 27 Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no 28 clear error on the face of the record in order to accept the recommendation.”). 1 Because there is no objection, the Court need not conduct de novo review, and is 2 satisfied Judge Cobb did not clearly err. Here, Judge Cobb recommends Goodrum’s IFP 3 application be granted as Goodrum’s average monthly balance for the last six months 4 was $0.03, and his average monthly deposits were $0.03. (ECF No. 5 at 3.) Judge Cobb 5 further recommends Goodrum’s complaint be dismissed because a § 1983 action for 6 damages from an unconstitutional conviction or sentence is improper until the conviction 7 or sentence has been invalidated. (Id. at 5-6.) This likewise applies to Goodrum’s 8 fabrication of evidence claim. (Id.) The Court agrees with Judge Cobb. Having reviewed 9 the R&R and the record in this case, the Court will adopt the R&R in full. 10 11 It is therefore ordered that Judge Cobb’s Report and Recommendation (ECF No. 5) is accepted and adopted in full. 12 It is further ordered that Plaintiff Goodrum’s application to proceed in forma 13 pauperis (ECF No. 3) is granted. Given Goodrum’s low balance, the Court will not require 14 Goodrum to make an initial payment. However, when Goodrum’s prison account exceeds 15 $10.00, Goodrum will be required to make monthly payments in the amount of 20% of the 16 preceding month’s income credited to Goodrum’s account until the $350.00 filing fee is 17 paid. This is required even if a case is dismissed or is otherwise unsuccessful. 18 19 It is further ordered that Plaintiff Goodrum’s motion for appointment of counsel (ECF No. 4) is denied as moot. 20 The Clerk of Court is directed to file Plaintiff Goodrum’s complaint (ECF No. 1-1). 21 The Clerk of Court is further directed to send a copy of this order to the attention 22 of Chief of Inmate Services for the Nevada Department of Corrections, P.O. Box 7011, 23 Carson City, Nevada 89702. 24 It is further ordered that this case be dismissed without prejudice. 25 The Clerk of Court is directed to enter judgment accordingly and to close this case. 26 DATED THIS 27th Day of April 2021. 27 28 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?