Goodrum v. City of Fallon et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
MITCHELL KEITH GOODRUM,
CITY OF FALLON, et al.,
Case No. 3:20-cv-00539-MMD-WGC
Pro se Plaintiff Mitchell Goodrum filed a civil rights complaint under 42 U.S.C. §
1983. (ECF No. 1-1.) Goodrum has also filed an application to proceed in forma pauperis
(“IFP”) and a motion for appointment of counsel. (ECF Nos. 3, 4.) Before the Court is the
Report and Recommendation (“R&R” or “Recommendation”) of United States Magistrate
Judge William G. Cobb (ECF No. 5), recommending that Goodrum’s IFP application be
granted, motion for appointment of counsel be denied as moot, and that this case be
dismissed without prejudice. Goodrum had until April 22, 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 Judge Cobb’s R&R and will dismiss this case without prejudice.
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.”).
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 Goodrum’s IFP
application be granted as Goodrum’s average monthly balance for the last six months
was $0.03, and his average monthly deposits were $0.03. (ECF No. 5 at 3.) Judge Cobb
further recommends Goodrum’s complaint be dismissed because a § 1983 action for
damages from an unconstitutional conviction or sentence is improper until the conviction
or sentence has been invalidated. (Id. at 5-6.) This likewise applies to Goodrum’s
fabrication of evidence claim. (Id.) 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.
5) is accepted and adopted in full.
It is further ordered that Plaintiff Goodrum’s application to proceed in forma
pauperis (ECF No. 3) is granted. Given Goodrum’s low balance, the Court will not require
Goodrum to make an initial payment. However, when Goodrum’s prison account exceeds
$10.00, Goodrum will be required to make monthly payments in the amount of 20% of the
preceding month’s income credited to Goodrum’s account until the $350.00 filing fee is
paid. This is required even if a case is dismissed or is otherwise unsuccessful.
It is further ordered that Plaintiff Goodrum’s motion for appointment of counsel
(ECF No. 4) is denied as moot.
The Clerk of Court is directed to file Plaintiff Goodrum’s complaint (ECF No. 1-1).
The Clerk of Court is further directed to send a copy of this order to the attention
of Chief of Inmate Services for the Nevada Department of Corrections, P.O. Box 7011,
Carson City, Nevada 89702.
It is further ordered that this case be dismissed without prejudice.
The Clerk of Court is directed to enter judgment accordingly and to close this case.
DATED THIS 27th Day of April 2021.
MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE
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