Osborne v. Duestch et al

Filing 14

ORDER REGARDING FINDINGS and RECOMMENDATIONS: The 12 Findings and Recommendation are Adopted and Accepted. This action is Dismissed without prejudice. The Clerk shall enter Judgment accordingly. Signed by Judge Larry R. Hicks on 01/12/09. (Copies have been distributed pursuant to the NEF - SRK)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ***** ROBERT J. OSBORNE, Plaintiff, v. DEPUTY DUESTCH, et al. Defendant. ) ) ) ) ) ) ) ) ) )

2:07-cv-00922-LRH (GWF) ORDER

The court has considered the Findings and Recommendations of United States Magistrate Judge George W. Foley, Jr. (#121) entered on December 10, 2008, in which the Magistrate Judge recommends that this action be dismissed without prejudice based on plaintiff's failure to file a motion identifying the unserved defendants, requesting issuance of summons for the unserved defendants, specifying the full name and addresses of each unserved defendant pursuant to court Order (#3). The Court has considered the pleadings and memoranda and other relevant matters of record and has made a review and determination in accordance with the requirements of 28 U.S.C. § 636 and applicable case law, and good cause appearing, the court hereby /// ///

Refers to court's docket number.

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ADOPTS AND ACCEPTS the Findings and Recommendations of the United States Magistrate Judge (#12); therefore, this action is DISMISSED without prejudice. The Clerk of the Court shall enter judgment accordingly. IT IS SO ORDERED. DATED this 12th day of January, 2009.

_______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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