Opinion
2:22-cv-01130-APG-BNW
11-03-2022
OSCAR ART STANLEY, Plaintiff, v. STATE OF NEVADA, et al., Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION AND DISMISSING CASE
[ECF NO. 3]
On August 18, 2022, Magistrate Judge Weksler recommended that I dismiss plaintiff Oscar Stanley's complaint with prejudice because the defendants are immune from suit and the complaint “necessarily implies the invalidity of [Stanley's] conviction or sentence,” which is barred by Heck v. Humphrey, 512 U.S. 477 (1994). ECF No. 3 at 3. Stanley filed an objection. ECF No. 5.
I have conducted a de novo review of the issues in Judge Weksler's recommendation, as 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. Judge Weksler's Report and Recommendation sets forth the proper legal analysis and factual basis for the decision, and I accept and adopt it as my own.
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 accordingly.