Guardado v. Nevada, 2:17-cv-01072-JAD-VCF. (2019)
Court: District Court, D. Nevada
Number: infdco20190626d26
Visitors: 11
Filed: Jun. 25, 2019
Latest Update: Jun. 25, 2019
Summary: Order Adopting Report & Recommendation and Granting Motion to Strike Defendant Guice's Joinder to Answer [ECF Nos. 66, 71] JENNIFER A. DORSEY , District Judge . Pro se prisoner Ernest Guardado brings this civil-rights action to redress events that he claims occurred during his incarceration at Nevada's High Desert State Prison. 1 The Clerk of Court entered default against Defendant Morris Guice on March 21, 2019, 2 yet a month later, Guice joined 3 in Defendant Antonio Bryant's answer t
Summary: Order Adopting Report & Recommendation and Granting Motion to Strike Defendant Guice's Joinder to Answer [ECF Nos. 66, 71] JENNIFER A. DORSEY , District Judge . Pro se prisoner Ernest Guardado brings this civil-rights action to redress events that he claims occurred during his incarceration at Nevada's High Desert State Prison. 1 The Clerk of Court entered default against Defendant Morris Guice on March 21, 2019, 2 yet a month later, Guice joined 3 in Defendant Antonio Bryant's answer to..
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Order Adopting Report & Recommendation and Granting Motion to Strike Defendant Guice's Joinder to Answer
[ECF Nos. 66, 71]
JENNIFER A. DORSEY, District Judge.
Pro se prisoner Ernest Guardado brings this civil-rights action to redress events that he claims occurred during his incarceration at Nevada's High Desert State Prison.1 The Clerk of Court entered default against Defendant Morris Guice on March 21, 2019,2 yet a month later, Guice joined3 in Defendant Antonio Bryant's answer to the complaint.4 Guardado moves to strike that joinder because Guice has been defaulted and has not had that default set aside.5 Guice filed no opposition, and the Magistrate Judge recommends that I grant the motion to strike.6 "[N]o review is required of a magistrate judge's report and recommendation unless objections are filed."7
IT IS THEREFORE ORDERED that the magistrate judge's report and recommendation [ECF No. 71] is ADOPTED in full;
IT IS FURTHER ORDERED THAT the motion to strike [ECF No. 66] is GRANTED. The Clerk of Court is directed to STRIKE [ECF No. 62] Defendant Guice's joinder in the answer.
FootNotes
1. ECF No. 6.
2. ECF No. 44.
3. ECF No. 62.
4. ECF No. 20.
5. ECF No. 66.
6. ECF No. 71.
7. Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
Source: Leagle
