Joseph v. Phillips et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
DUSTIN MICHAEL JOSEPH,
Case No. 3:22-cv-00177-MMD-CSD
PHILLIPS, et al.,
Pro se Plaintiff Dustin Michael Joseph, who is a pretrial detainee in the custody of
the Washoe County Detention Facility, brings this action under 42 U.S.C. § 1983. Before
the Court is the Report and Recommendation (“R&R”) of United States Magistrate Judge
Craig S. Denney (ECF No. 33), recommending that the Court grant Defendants’ motion
for summary judgment (ECF No. 26). Joseph had until November 1, 2023, 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 the R&R in full and grants summary judgment in
Because there is no objection, the Court need not conduct de novo review and is
satisfied Judge Denney did not clearly err. See 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). Here, Judge Denney
recommends finding Defendants are entitled to qualified immunity. (ECF No. 33 at 10-
11.) Having reviewed the R&R and the record in this case, the Court will adopt the R&R
It is therefore ordered that 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)
The Clerk of Court is directed to enter judgment accordingly and close this case.
DATED THIS 15th Day of November 2023.
MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE
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