Csech v. McKee ( 2021 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 ROBERT CSECH, Case No. 3:19-cv-00288-MMD-CLB 7 Plaintiff, ORDER v. 8 MCKEE, et al., 9 Defendants. 10 11 Plaintiff Robert Csech submitted a civil rights complaint under 42 U.S.C. § 1983. 12 (ECF No. 4.) Before the Court is the Report and Recommendation (“R&R” or 13 “Recommendation”) of United States Magistrate Judge Carla L. Baldwin (ECF No. 61), 14 recommending that Defendant Denise McKee’s motion for summary judgment (ECF No. 15 52) be granted. Csech had until October 15, 2021, to file an objection. To date, no 16 objection to the R&R has been filed. For this reason, and as explained below, the Court 17 adopts the R&R and will close this case. 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 || McKee’s motion for summary judgment as Csech failed to exhaust his administrative 4 || remedies pursuant to Administrative Regulation 740 and he further failed to show anyone 5 || at the NDOC restricted him from accessing grievance forms. (ECF No. 61 at 8-10.) The 6 || Court agrees with Judge Baldwin. Having reviewed the R&R and the record in this case, 7 || the Court will adopt the R&R in full. 8 It is therefore ordered that Judge Carla L. Baldwin’s Report and Recommendation 9 || (ECF No. 61) is accepted and adopted in full. 10 It is further ordered that Defendant Denise McKee’s motion for summary judgment 11 || (ECF No. 52) is granted 12 The Clerk of Court is directed to enter judgment accordingly and close this case. 13 DATED THIS 20" Day of October 2021. 14 __ 16 WIRANBA Wt DU 17 CHIEF UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28