Quinones v. Aranas ( 2021 )

2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 VICTOR SERAFIN QUINONES, Case No. 3:19-cv-00120-MMD-CLB 7 Plaintiff, ORDER ACCEPTING AND ADOPTING v. REPORT AND RECOMMENDATION 8 OF MAGISTRATE JUDGE ROMEO ARANAS, et al., CARLA L. BALDWIN 9 Defendants. 10 11 Plaintiff Victor Serafin Quinones brings this case pursuant to 42 U.S.C. § 1983. 12 Before the Court is the Report and Recommendation (ECF No. 36 (“R&R”)) of United 13 States Magistrate Judge Carla L. Baldwin, recommending denial of Defendant James L. 14 Pincock’s motion to dismiss (ECF No. 27). Pincock filed an objection (ECF No. 36), which 15 he later withdrew (ECF No. 39). 16 The Court “may accept, reject, or modify, in whole or in part, the findings or 17 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party 18 fails to object to a magistrate’s recommendation, the Court is not required to conduct “any 19 review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 20 U.S. 140, 149 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 21 2003) (“De novo review of the magistrate judges’ findings and recommendations is 22 required if, but only if, one or both parties file objections to the findings and 23 recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory Committee Notes 24 (1983) (providing that the court “need only satisfy itself that there is no clear error on the 25 face of the record in order to accept the recommendation”). 26 Because Pincock withdrew his objection, the Court need not conduct de novo 27 review and is satisfied that there is no clear error. The Court will accept and adopt the 28 R&R in full. 1 It is therefore ordered that the Report and Recommendation of Magistrate Judge 2 || Carla L. Baldwin (ECF No. 36) is accepted and adopted in its entirety. 3 It is further order that Defendant Pincock’s motion to dismiss (ECF No. 27) is 4 || denied. 5 DATED THIS day of August 2021. 6 — (Lr 8 SORE 9 CHIEF UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28