Stanley v. State of Nevada

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA OSCAR ART STANLEY, Case No.: 2:22-cv-01130-APG-BNW 4 Plaintiff, Order Accepting Report and Vv. Recommendation and Dismissing Case ° STATE OF NEVADA, et al., [ECF No. 3] 6 Defendants. 7 8 On August 18, 2022, Magistrate Judge Weksler recommended that I dismiss plaintiff 9] Oscar Stanley’s complaint with prejudice because the defendants are immune from suit and the 10 complaint “necessarily implies the invalidity of [Stanley’s] conviction or sentence,” which is 11! barred by Heck v. Humphrey, 512 U.S. 477 (1994). ECF No. 3 at 3. Stanley filed an objection. 12 ECF No. 5. 13 I have conducted a de novo review of the issues in Judge Weksler’s recommendation, as 14 required by Local Rule IB 3-2. Stanley’s objection does not rebut Judge Weksler’s findings or conclusions that the defendants are immune from suit and that the claims are barred by Heck. 16 Judge Weksler’s Report and Recommendation sets forth the proper legal analysis and factual 17|| basis for the decision, and I accept and adopt it as my own. 18 I THEREFORE ORDER that the Report and Recommendation (ECF No. 3) is accepted and this case is DISMISSED with prejudice. The clerk of the court shall enter Judgment 20 accordingly. 21 DATED THIS 3rd day of November, 2022. 22 23 EEE. UNITED STATES DISTRICT JUDGE