Csech v. Dzurenda ( 2021 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 ROBERT CSECH, Case No. 3:19-cv-00210-MMD-CLB 7 Plaintiff, ORDER v. 8 ISIDRO BACA, 9 Defendant. 10 11 Pro se Plaintiff Robert Csech brings this action under 42 U.S.C. § 1983. Before the 12 Court is the Report and Recommendation (“R&R” or “Recommendation”) of United States 13 Magistrate Judge Carla L. Baldwin (ECF No. 63), recommending the Court grant 14 Defendant Isidro Baca’s motion for summary judgment (ECF No. 54) and enter judgment 15 accordingly. Plaintiff had until October 11, 2021, to file an objection. To date, no objection 16 to the R&R has been filed. For this reason, and as explained below, the Court adopts the 17 R&R, and will grant the 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 Baldwin did not clearly err. Here, Judge Baldwin recommends granting 3 || Defendant’s motion for summary judgment because Plaintiff did not exhaust his 4 || administrative remedies and did not present any evidence that those administrative 5 || remedies were unavailable to him. (ECF No. 63 at 8-9.) The Court agrees with Judge 6 || Baldwin. Having reviewed the R&R and the record in this case, the Court will adopt the 7 || R&R in full. 8 It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF 9 || No. 63) is accepted and adopted in full. 10 It is further ordered that Defendant Isidro Baca’s motion for summary judgment 11 || (ECF No. 54) is granted. 12 The Clerk of Court is directed to enter judgment accordingly, in Defendant's favor, 13 || and close this case. 14 DATED THIS 18" Day of October 2021. 15 17 □□□□□□□□□□□□□□□□□□□□□□□□□ 18 CHIEF UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28