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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DUSTIN MICHAEL JOSEPH,
Plaintiff,

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ORDER

v.

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Case No. 3:22-cv-00177-MMD-CSD

PHILLIPS, et al.,
Defendants.

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Pro se Plaintiff Dustin Michael Joseph, who is a pretrial detainee in the custody of

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the Washoe County Detention Facility, brings this action under 42 U.S.C. § 1983. Before

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the Court is the Report and Recommendation (“R&R”) of United States Magistrate Judge

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Craig S. Denney (ECF No. 33), recommending that the Court grant Defendants’ motion

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for summary judgment (ECF No. 26). Joseph had until November 1, 2023, to file an

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objection. To date, no objection to the R&R has been filed. For this reason, and as

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explained below, the Court adopts the R&R in full and grants summary judgment in

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Defendants’ favor.

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Because there is no objection, the Court need not conduct de novo review and is

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satisfied Judge Denney did not clearly err. See United States v. Reyna-Tapia, 328 F.3d

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1114, 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and

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recommendations is required if, but only if, one or both parties file objections to the

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findings and recommendations.”) (emphasis in original). Here, Judge Denney

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recommends finding Defendants are entitled to qualified immunity. (ECF No. 33 at 10-

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11.) Having reviewed the R&R and the record in this case, the Court will adopt the R&R

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in full.

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It is therefore ordered that Judge Denney’s Report and Recommendation (ECF
No. 33) is accepted and adopted in full.

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It is further ordered that Defendants’ motion for summary judgment (ECF No. 26)
is granted.

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The Clerk of Court is directed to enter judgment accordingly and close this case.

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DATED THIS 15th Day of November 2023.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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