Warren v. Nev. Dept. of Corr. ( 2021 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 KEITH A. WARREN, Case No. 3:17-cv-00228-MMD-WGC 7 Plaintiff, ORDER v. 8 NEVADA DEPARTMENT OF CORRECTIONS, et al., 9 Defendants. 10 11 Pro se Plaintiff Keith Warren filed a civil rights complaint under 42 U.S.C. § 1983. 12 (ECF No. 49.) Before the Court is the Report and Recommendation (“R&R” or 13 “Recommendation”) of United States Magistrate Judge William G. Cobb (ECF No. 220), 14 recommending that Warren’s motion for a temporary restraining order (ECF No. 133) be 15 denied. Warren had until June 9, 2021, to file an objection. To date, no objection to the 16 R&R has been filed. For this reason, and as explained below, the Court adopts Judge 17 Cobb’s R&R and will deny Warren’s motion. 18 The Court “may accept, reject, or modify, in whole or in part, the findings or 19 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party 20 fails to object to a magistrate judge’s recommendation, the Court is not required to 21 conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas 22 v. Arn, 474 U.S. 140, 149 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114, 23 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 24 recommendations is required if, but only if, one or both parties file objections to the 25 findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory 26 Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no 27 clear error on the face of the record in order to accept the recommendation.”). 28 /// 1 Because there is no objection, the Court need not conduct de novo review, and is 2 || satisfied Judge Cobb did not clearly err. Here, Judge Cobb recommends that Warren’s 3 || motion be denied because Warren has failed to address the likelihood of success on the 4 || merits of his retaliation claims, and he has not established that he is likely to suffer 5 || irreparable harm. (ECF No. 220 at 5-6.) The Court agrees with Judge Cobb and finds that 6 || Warren has not met his burden in seeking injunctive relief. Having reviewed the R&R and 7 || the record in this case, the Court will adopt the R&R in full. 8 It is therefore ordered that Judge Cobb’s Report and Recommendation (ECF No. 9 || 220) is accepted and adopted in full. 10 It is further ordered that Plaintiff Keith Warren’s motion for a temporary restraining 11 || order (ECF No. 133) is denied. 12 DATED THIS 15" Day of June 2021. 13 Oo. 14 IN MIRANDA M. DU 15 CHIEF UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28