Pearson v. Cooke ( 2023 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 DWANVAE PEARSON, Case No. 3:22-cv-00009-ART-CSD 5 Plaintiff, ORDER v. 6 TASHEENA COOKE, et al., 7 Defendants. 8 9 Pro se Plaintiff Dwanvae Pearson brings this civil-rights action under 42 10 U.S.C. § 1983 to redress constitutional violations that he claims he suffered while 11 incarcerated at Ely State Prison. (ECF No. 1-1). Before the Court is the Report 12 and Recommendation (“R&R”) of United States Magistrate Judge Craig S. Denney 13 (ECF No. 22), recommending the dismissal of this action with prejudice. Plaintiff 14 had until January 25, 2023, to file an objection. To date, no objection to the R&R 15 has been filed. For this reason, and as explained below, the Court adopts the 16 R&R and dismisses this action with prejudice. 17 The Court “may accept, reject, or modify, in whole or in part, the findings 18 or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where 19 a party fails to object to a magistrate judge’s recommendation, the Court is not 20 required to conduct “any review at all . . . of any issue that is not the subject of 21 an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985); see also United States v. 22 Reyna-Tapia, 328 F.3d 1114, 1116 (9th Cir. 2003) (“De novo review of the 23 magistrate judges’ findings and recommendations is required if, but only if, one 24 or both parties file objections to the findings and recommendations.”) (emphasis 25 in original); Fed. R. Civ. P. 72, Advisory Committee Notes (1983) (providing that 26 the Court “need only satisfy itself that there is no clear error on the face of the 27 record in order to accept the recommendation”). 28 Because there is no objection, the Court need not conduct de novo review, 1 || and is satisfied Judge Denney did not clearly err. The Court incorporates Judge 2 || Denney’s analysis by reference here. Judge Denney recommends dismissing this 3 || action with prejudice for failure to prosecute under Federal Rule of Civil 4 || Procedure 41(b). (ECF No. 22). The Court agrees with Judge Denney. Having 5 || reviewed the R&R and the record in this case, the Court will adopt the R&R in 6 || full. 7 IT IS THEREFORE ORDERED that Judge Denney’s R&R (ECF No. 22) is 8 || accepted and adopted in full. 9 IT IS FURTHER ORDERED that this action is dismissed with prejudice. 10 IT IS FURTHER ORDERED that Plaintiff's Application to Proceed in Forma 11 || Pauperis (ECF No. 1) is denied as moot. 12 The Clerk of Court is directed to enter judgment accordingly and close this 13 || case. 14 DATED THIS 3rd day of February 2023. 15 16 17 Ape plored Wn 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28