Zamora v. Hensen ( 2021 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 ANTHONY ZAMORA, Case No. 3:19-cv-00015-MMD-WGC 7 Plaintiff, ORDER v. 8 HENSEN, 9 Defendant. 10 11 Pro se Plaintiff Anthony Zamora brings this action under 42 U.S.C. § 1983. Before 12 the Court is the Report and Recommendation (“R&R” or “Recommendation”) of United 13 States Magistrate Judge William G. Cobb (ECF No. 35), recommending granting 14 Defendant Hensen’s motion for summary judgment (ECF No. 31). Plaintiff had until May 15 14, 2021 to file an objection. To date, no objection to the R&R has been filed. For this 16 reason, and as explained below, the Court adopts the R&R, and will grant Defendant’s 17 motion for summary judgment. 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.”). 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 granting 3 || Defendant’s motion for summary judgment on Plaintiff's Eighth Amendment failure to 4 || protect claim because Defendant has presented undisputed evidence that he did not 5 || know of and disregard a risk to Plaintiffs safety. (ECF No. 35 at 7-8.) The Court agrees 6 || with Judge Cobb. Having reviewed the R&R and the record in this case, the Court will 7 || adopt the R&R in full. 8 It is therefore ordered that Judge Cobb’s Report and Recommendation (ECF No. 9 || 35) is accepted and adopted in full. 10 The Clerk of Court is directed to enter judgment accordingly and close this case. 11 DATED THIS 20" Day of May 2021. 12 13 / CL 14 IRANDA M. DU 15 CHIEF UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28