Hood v. Friel et al

Filing 5

ORDER - It is therefore ordered that Judge Baldwin's Report and Recommendation (ECF No. #4 ) is accepted and adopted in full. The Clerk of Court is further directed to file the complaint (ECF No. #1 -1). It is further ordered that the complaint is dismissed. Claims 1 and 2 are dismissed without prejudice and without leave to amend. Claim 3 is dismissed with prejudice. The Clerk of Court is further 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 - DLS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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PERRY A. HOOD,
Plaintiff,

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ORDER

v.

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Case No. 3:23-cv-00486-MMD-CLB

JOHN J. FRIEL, et al.,
Defendants.

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Pro se Plaintiff Perry A. Hood, who is an inmate in the custody of the Nevada

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Department of Corrections, brings this action under 42 U.S.C. § 1983. Before the Court

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

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Baldwin (ECF No. 4), recommending that the Court dismiss Hood’s complaint. 1 Nunn had

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until November 1, 2023, to file an objection. To date, no objection to the R&R has been

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filed. For this reason, and as explained below, the Court adopts the R&R in full and

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dismisses this action without prejudice.

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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 Baldwin 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 Baldwin

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recommends dismissing the three claims asserted in the complaint. (ECF No. 4.) In

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particular, Judge Baldwin recommends dismissing without prejudice and without leave to

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amend Claims 1 and 2 because Hood appears to be challenging the constitutionality of

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his state court criminal conviction but he has not alleged that his conviction has been

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While the R&R contains an error in reference to Plaintiff’s name in the first
sentence, the R&R correctly references Plaintiff’s name elsewhere and recites the
allegations in Plaintiff’s complaint (ECF No. 1-1).
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overturned. (Id. at 3-4.) Judge Baldwin recommends dismissing with prejudice Claim 3

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involving excessive bail against Defendant Deputy District Attorney John J. Friel because

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Friel would be entitled to absolute immunity for his bail recommendations before the

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presiding judicial officer. (Id. at 4-6.) Having reviewed the R&R and the record in this

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case, the Court will adopt the R&R in full.
It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF

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No. 4) is accepted and adopted in full.

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The Clerk of Court is further directed to file the complaint (ECF No. 1-1).

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It is further ordered that the complaint is dismissed. Claims 1 and 2 are dismissed

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without prejudice and without leave to amend. Claim 3 is dismissed with prejudice.
The Clerk of Court is further directed to enter judgment accordingly and close this

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case.
DATED THIS 15th Day of November 2023.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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