Ballard v. The State of Nevada et al
Filing
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ORDER - Judge Baldwin's Report and Recommendation (ECF No. 10 ) is accepted and adopted in full. This case is dismissed based upon Plaintiff's failure to notify the Court of his change of address pursuant to LR IA 3-1. The Clerk of Court is directed to administratively close this case. Signed by District Judge Anne R. Traum on 9/19/2022. (Copies have been distributed pursuant to the NEF - HKL)
Case 3:22-cv-00116-ART-CLB Document 12 Filed 09/19/22 Page 1 of 3
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DANIEL DEAL BALLARD,
Case No. 3:22-cv-00116-ART-CLB
Plaintiff,
v.
ORDER
STATE OF NEVADA, et al.,
Defendants.
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Pro se Plaintiff Daniel Deal Ballard brings this action under 42 U.S.C. §
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1983. Before the Court is the Report and Recommendation (“R&R” or
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“Recommendation”) of United States Magistrate Judge Carla Baldwin (ECF No.
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10), recommending Plaintiff’s action be dismissed for failure to comply with LR
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IA 3-1. Plaintiff had until May 4, 2022 to file an objection. To date, no objection
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to the R&R has been filed. For this reason, and as explained below, the Court
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adopts the R&R, and will dismiss Plaintiff’s action.
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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.”).
Case 3:22-cv-00116-ART-CLB Document 12 Filed 09/19/22 Page 2 of 3
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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. I incorporate Judge Baldwin’s
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analysis by reference here. (ECF No. 10). Here, Judge Baldwin recommends
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dismissing Plaintiff’s action for failure to file a change of address with the court.
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LR IA 3-1 provides that failure to “immediately file with the Court written
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notification of any change of address . . . may result in dismissal of the action .
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. . .” Plaintiff was advised that failure to update his address would result in
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dismissal of the action. (ECF No. 6). Plaintiff failed to do so in violation of LR IA
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3-1.
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The Court must consider the following factors before dismissing an action
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for failure to follow local rules: “(1) the public’s interest in expeditious resolution
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of litigation; (2) the Court’s need to manage its docket; (3) the risk of prejudice to
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the defendants; (4) the public policy favoring disposition of cases on their merits;
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and (5) the availability of less drastic sanctions.” Carey v. King, 856 F.2d 1439,
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1440 (9th Cir. 1988) (quoting Henderson v. Duncan, 779 F.2d 1421, 1423 (9th
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Cir. 1986)). The Court agrees with Judge Baldwin that all five factors favor
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dismissal here, where the litigation “cannot proceed or be decided on the merits
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if the Court and Defendants cannot contact Plaintiff. . . .” (ECF No. 10 at 1-2).
Therefore, the Court agrees with Judge Baldwin. Having reviewed the R&R
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and the record in this case, the Court will adopt the R&R in full.
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Case 3:22-cv-00116-ART-CLB Document 12 Filed 09/19/22 Page 3 of 3
IT IS THEREFORE ORDERED that Judge Baldwin’s Report and
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Recommendation (ECF No. 10) is accepted and adopted in full.
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IT IS FURTHER ORDERED THAT this case be dismissed based upon
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Plaintiff’s failure to notify the Court of his change of address pursuant to LR IA
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3-1.
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The Clerk of Court is directed to administratively close this case.
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DATED THIS 19th Day of September 2022.
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ANNE R. TRAUM
UNITED STATES DISTRICT JUDGE
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