Pickett v. Walsh

• Court: District Court, D. Nevada
• Decided: April 2, 2021
• Docket: 2:19-cv-00611
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 Case No.: 2:19-cv-0611-JAD-EJY 4 Cary J. Pickett,

5 Plaintiff Order Adopting Report & Recommendation 6 and Denying Motion for Leave to Amend v. 7 Lisa Walsh, 8 [ECF Nos. 22, 32]

9 Defendant 10 11 Plaintiff Cary J. Pickett asks this court for leave to file an amended complaint to assert 12 two new Fourteenth Amendment claims for unequal denial of a restoration of his classification 13 status and unequal denial of his grievances.1 The government opposes his request.2 After 14 considering the merits of that request, the magistrate judge entered a report and recommendation 15 for this court to deny the motion to amend because these new claims are futile.3 The deadline for 16 any party to object to that recommendation was March 22, 2021, and Pickett neither filed an 17 objection or moved to extend his deadline to do so. “[N]o review is required of a magistrate 18 judge’s report and recommendation unless objections are filed.”4 Having reviewed the R&R, I 19 find good cause to adopt it, and I do.5 20 21 22 1 ECF No. 22. 23 2 ECF No. 31. 24 3 ECF No. 13. 25 4 Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 26 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 27 5 The Court is aware that Pickett’s motions for reconsideration and to extend time [ECF Nos. 14, 28 16] remain pending. They will be decided in the normal course. 1 1 IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and 2 || Recommendation [ECF No. 32] is ADOPTED in its entirety. 3 IT IS FURTHER ORDERED that plaintiff's motion for leave to amend [ECF No. 22] is 4 || DENIED because the proposed amendment would be futile. 5 6 ee ees Dorsey 7 Dated: April 2, 2021 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28