Webber v. Slocum ( 2023 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 RICHARD WEBBER, Case No. 3:22-cv-00512-ART-CLB 7 Plaintiff, ORDER v. 8 JAMES SLOCUM, 9 Defendants. 10 Pro se Plaintiff Richard Webber’s (“Webber”) brings this action under 42 11 U.S.C. § 1983. Before the Court is the Report and Recommendation (“R&R” or 12 “Recommendation”) of United States Magistrate Judge Carla Baldwin (ECF No. 13 3), recommending that that Webber’s application to proceed in forma pauperis, 14 (ECF No. 1), be denied as moot, the Clerk file the complaint, (ECF No. 1-1), and 15 that Webber’s complaint, (ECF No. 1-1), be dismissed without prejudice and 16 without leave to amend. For the reasons set forth below the Court will adopt the 17 R&R in full. 18 The Court “may accept, reject, or modify, in whole or in part, the findings 19 or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where 20 a party fails to object to a magistrate judge’s recommendation, the Court is not 21 required to conduct “any review at all . . . of any issue that is not the subject of 22 an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985); see also United States v. 23 Reyna-Tapia, 328 F.3d 1114, 1116 (9th Cir. 2003) (“De novo review of the 24 magistrate judges’ findings and recommendations is required if, but only if, one 25 or both parties file objections to the findings and recommendations.”) (emphasis 26 in original); Fed. R. Civ. P. 72, Advisory Committee Notes (1983) (providing that 27 28 1 the Court “need only satisfy itself that there is no clear error on the face of the 2 record in order to accept the recommendation.”). 3 In his complaint, Webber sues Defendant Public Defender James Slocum 4 under 42 U.S.C. § 1983. (See ECF No. 1-1.) Webber’s complaint asserts a claim 5 for ineffective assistance of counsel and “malicious prosecutorial misconduct” 6 and directly relates to his underlying criminal case and conviction. (Id. at 2-4.) 7 Webber requests monetary damages, a new attorney, and “another chance at 8 [his] preliminary hearing.” (Id. at 7.) 9 42 U.S.C. § 1983 aims “to deter state actors from using the badge of their 10 authority to deprive individuals of their federally guaranteed rights.” Anderson 11 v. Warner, 451 F.3d 1063, 1067 (9th Cir. 2006) (quoting McDade v. West, 223 12 F.3d 1135, 1139 (9th Cir. 2000)). However, § 1983 is not a backdoor through 13 which a federal court may overturn a state court conviction or award relief 14 related to the fact or duration of a sentence. The Younger abstention doctrine 15 also prevents federal courts from interfering with pending state criminal 16 proceedings even if there is an allegation of a constitutional violation, unless 17 there is an extraordinary circumstance that creates a threat of irreparable injury. 18 Younger v. Harris, 401 U.S. 37 (1971). 19 Judge Baldwin recommends that the Complaint be dismissed without 20 prejudice and without leave to amend because Webber is the subject of an 21 ongoing criminal proceeding in state court that has not reached final 22 adjudication. Section 1983 thus does not provide a vehicle for him to obtain the 23 relief he seeks. Webber did not object to the R&R. Because there is no objection, 24 the Court need not conduct de novo review, and is satisfied Magistrate Judge 25 Baldwin did not clearly err. Having reviewed the R&R and the record in this case, 26 the Court will adopt the R&R in full. 27 IT IS THEREFORE ORDERED that Magistrate Judge Baldwin’s Report and 28 Recommendation (ECF No. 3) is accepted and adopted in full; 1 IT IS FURTHER ORDERED that Webber’s application to proceed in forma 2 || pauperis, (ECF No. 1), be DENIED AS MOOT; 3 IT IS FURTHER ORDERED that the Clerk FILE the complaint, (ECF No. 1- || 1); and, 5 IT IS FURTHER ORDERED that Webber’s complaint, (ECF No. 1-1), be 6 || DISMISSED WITHOUT PREJUDICE AND WITHOUT LEAVE TO AMEND. 7 IT IS FURTHER ORDERED that the Clerk enter Judgment and 8 || administratively close this case. 9 10 DATED THIS 28 Day of February 2023. 11 12 An posed 13 ANNE R. TRAUM 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28