Joseph v. Phillips et al

Filing 34

ORDERED Judge Denney's Report and Recommendation (ECF No. 33 ) is accepted and adopted in full. It is further ordered that Defendants' motion for summary judgment (ECF No. 26 ) is granted. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 11/15/2023. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 DUSTIN MICHAEL JOSEPH, Plaintiff, 7 ORDER v. 8 9 Case No. 3:22-cv-00177-MMD-CSD PHILLIPS, et al., Defendants. 10 11 Pro se Plaintiff Dustin Michael Joseph, who is a pretrial detainee in the custody of 12 the Washoe County Detention Facility, brings this action under 42 U.S.C. § 1983. Before 13 the Court is the Report and Recommendation (“R&R”) of United States Magistrate Judge 14 Craig S. Denney (ECF No. 33), recommending that the Court grant Defendants’ motion 15 for summary judgment (ECF No. 26). Joseph had until November 1, 2023, to file an 16 objection. To date, no objection to the R&R has been filed. For this reason, and as 17 explained below, the Court adopts the R&R in full and grants summary judgment in 18 Defendants’ favor. 19 Because there is no objection, the Court need not conduct de novo review and is 20 satisfied Judge Denney did not clearly err. See United States v. Reyna-Tapia, 328 F.3d 21 1114, 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 22 recommendations is required if, but only if, one or both parties file objections to the 23 findings and recommendations.”) (emphasis in original). Here, Judge Denney 24 recommends finding Defendants are entitled to qualified immunity. (ECF No. 33 at 10- 25 11.) Having reviewed the R&R and the record in this case, the Court will adopt the R&R 26 in full. 27 28 It is therefore ordered that Judge Denney’s Report and Recommendation (ECF No. 33) is accepted and adopted in full. 1 2 It is further ordered that Defendants’ motion for summary judgment (ECF No. 26) is granted. 3 The Clerk of Court is directed to enter judgment accordingly and close this case. 4 DATED THIS 15th Day of November 2023. 5 6 7 8 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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