Sanchez v. Rigney
Filing
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ORDERED that Judge Baldwin's Report and Recommendation (ECF No. 35 ) is accepted and adopted in full. Defendant's Motion for Summary Judgment (ECF No. 23 ) is granted. Clerk is directed to enter judgment accordingly and close this case. Signed by District Judge Anne R. Traum on 3/26/2024. (Copies have been distributed pursuant to the NEF - DRM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JASMINE PAUL SANCHEZ,
v.
Case No. 3:22-cv-00109-ART-CLB
Plaintiff,
ORDER ADOPTING REPORT AND
RECOMMENDATION (ECF NO. 35)
AND GRANTING MOTION FOR
SUMMARY JUDGMENT (ECF NO. 23)
CHET RIGNEY,
Defendant.
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Pro se Plaintiff Jasmine Paul Sanchez, an inmate at Ely State Prison,
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brings this action under 42 U.S.C. § 1983 against Defendant Chet Rigney
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alleging sexual harassment and excessive force. Before the Court is the Report
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and Recommendation (“R&R”) of United States Magistrate Judge Carla Baldwin
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(ECF No. 35), recommending the Court grant Defendant’s motion for summary
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judgment. Mr. Sanchez originally had until September 20, 2023 to file an
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objection to Judge Baldwin’s R&R and was given an extension to March 15,
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2024. (See ECF Nos. 35 at 12; 40.) As of today, no objection has been filed. For
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this reason, and as explained below, the Court adopts the R&R and grants
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Defendant’s motion for summary judgment.
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The Court “may accept, reject, or modify, in whole or in part, the findings
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or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where
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a party fails to object to a magistrate judge’s recommendation, the Court is not
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required to conduct “any review at all . . . of any issue that is not the subject of
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an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985); see also United States v.
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Reyna-Tapia, 328 F.3d 1114, 1116 (9th Cir. 2003) (“De novo review of the
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magistrate judges’ findings and recommendations is required if, but only if, one
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or both parties file objections to the findings and recommendations.”) (emphasis
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in original); Fed. R. Civ. P. 72, Advisory Committee Notes (1983) (providing that
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the Court “need only satisfy itself that there is no clear error on the face of the
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record in order to accept the recommendation.”).
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Because there is no objection, the Court need not conduct de novo review
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and is satisfied Judge Baldwin did not clearly err. Judge Baldwin recommends
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summary judgment in favor of Defendant because there is no genuine issue of
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material fact as to whether Mr. Sanchez was subject to sexual harassment or
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excessive force. Mr. Sanchez has provided the Court with no evidence to support
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his claims, has not contested Defendant’s motion, and has not objected to Judge
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Baldwin’s R&R. Further, the evidence provided by Defendant demonstrates that
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the instances of which Mr. Sanchez complains do not constitute sexual
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harassment or excessive force, as a matter of law.
Having reviewed the R&R and the record in this case, the Court is satisfied
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that Judge Baldwin did not clearly err and adopts the R&R in full.
It is therefore ordered that Judge Baldwin’s Report and Recommendation
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(ECF No. 35) is accepted and adopted in full.
It is further ordered that Defendant’s Motion for Summary Judgment (ECF
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No. 23) is granted.
The Clerk of Court is directed to enter judgment accordingly and close this
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case.
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Dated this 26th day of March 2024.
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ANNE R. TRAUM
UNITED STATES DISTRICT JUDGE
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