Pickett v. Valdez

Opinion

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CARY J. PICKETT, Case No. 3:17-cv-00567-MMD-WGC

Plaintiff, ORDER v. PAUL VALDEZ, et al.,

Defendants. Pro se Plaintiff Cary Pickett filed a civil rights complaint under 42 U.S.C. § 1983. Before the Court is the Report and Recommendation (“R&R” or “Recommendation”) of United States Magistrate Judge William G. Cobb (ECF No. 102), recommending that Pickett’s motion for summary judgment (ECF No. 96) be denied. Pickett had until June 23, 2021, to file an objection. To date, no objection to the R&R has been filed. For this reason, and as explained below, the Court adopts Judge Cobb’s R&R and will deny Pickett’s motion for summary judgment. The Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party fails to object to a magistrate judge’s recommendation, the Court is not required to conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and recommendations is required if, but only if, one or both parties file objections to the findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no 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 satisfied Judge Cobb did not clearly err. Here, Judge Cobb recommends Pickett’s motion for summary judgment be denied as there remains a genuine dispute of material fact regarding whether Defendant Paul Valdez granted Pickett permission to remove food out of chow hall, and as a result, if the charges against Pickett were valid or retaliatory. (ECF No. 102 at 5-10.) The Court agrees with Judge Cobb. Having reviewed the R&R and the record in this case, the Court will adopt the R&R in full. It is therefore ordered that Judge Cobb’s Report and Recommendation (ECF No. 102) is accepted and adopted in full. It is further ordered that Plaintiff Cary Pickett’s motion for summary judgment (ECF No. 96) is denied. DATED THIS 28" Day of June 2021. ‘( | CHIEF UNITED STATES DISTRICT JUDGE