Ric'e v. Russell

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 PERCEY LEE RIC’E, Case No. 3:23-cv-339-MMD-CLB

7 Plaintiff, ORDER v. 8

9 PERRY RUSSELL, et al.,

10 Defendants. 11 Pro se Plaintiff Percey Lee Ric’e, who is incarcerated at the Northern Nevada 12 Correctional Center, brings this action against defendants Perry Russell and Sandra 13 Walker (collectively, “Defendants”) under 42 U.S.C. § 1983 alleging claims under the 14 Eighth Amendment, Fourteenth Amendment, Americans with Disabilities Act, and 15 Rehabilitation Act. (ECF Nos. 1, 6.) Before the Court is United States Magistrate Judge 16 Carla Baldwin’s Report and Recommendation (ECF No. 46 (“R&R”)), recommending that 17 the Court grant Defendants’ motion for summary judgment (ECF No. 31(“Motion”)). Ric’e 18 had until July 23, 2025, to file an objection. To date, no objection to the R&R has been 19 filed. For this reason, and as explained below, the Court adopts the R&R and will grant 20 Defendants’ Motion. 21 Because there was no objection, the Court need not conduct de novo review. See 22 United States v. Reyna-Tapia, 328 F.3d 1114, 1116 (9th Cir. 2003) (“De novo review of 23 the magistrate judges’ findings and recommendations is required if, but only if, one or 24 both parties file objections to the findings and recommendations.”) (emphasis in original). 25 Here, Judge Baldwin recommends granting summary judgment because Defendants 26 argued with supporting evidence that Ric’e failed to properly exhaust his administrative 27 remedies, and Ric’e failed to present evidence that he exhausted his available 28 1 || administrative remedies. (ECF No. 46 at 7-8.) Having reviewed the R&R and the record 2 || in this case, the Court will adopt the R&R in full. 3 It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF 4 || No. 46) be adopted in full. 5 It is further ordered that Defendants’ motion for summary judgment (ECF No. 31) 6 || be granted. 7 The Clerk of Court is directed to enter judgment accordingly and close this case. 8 DATED THIS 1* Day of August 2025.

10 MIRANDA M. DU 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28