Rosenthal v. Poster

Filing 52

ORDER adopting 49 Report and Recommendation. Defendant Marcia Hartman's 31 Answer is STRICKEN. Clerk shall enter DEFAULT against Defendant Marcia Hartman. Plaintiff shall file a motion for default judgment within 15 days. Signed by Judge Kent J. Dawson on 2/27/09. (Copies have been distributed pursuant to the NEF - MJZ)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Presently before the Court is the Report of Findings and Recommendation (#49) of Magistrate Judge Peggy A. Leen recommending that Defendant Marcia Hartman's answer be stricken and default entered against her for her failure to abide by the orders of the Court. Though the time for doing so has passed, no objections to the magistrate judge's report and recommendation have been filed. The Court has conducted a de novo review of the record in this case in accordance with 28 U.S.C. § 636(b)(1) and LR IB 3-2. The Court finds that the Report of Findings and Recommendation (#49) of the United States Magistrate Judge entered February 5, 2009, should be adopted and affirmed. IT IS THEREFORE ORDERED that the Report of Findings and Recommendation (#49) of the United States Magistrate Judge entered February 5, 2009, is ADOPTED and AFFIRMED; v. TIMOTHY POSTER, et al., Defendants. DANIEL ROSENTHAL, Plaintiff, Case No. 2:07-CV-01204-KJD-PAL ORDER

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

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IT IS FURTHER ORDERED that Defendant Marcia Hartman's Answer (#31) is STRICKEN; IT IS FURTHER ORDERED that the Clerk of the Court ENTER DEFAULT against Defendant Marcia Hartman; IT IS FURTHER ORDERED that Plaintiff shall file a motion for default judgment within fifteen (15) days of the entry of this order, failure to do so will result in his claim being dismissed. DATED this 27th day of February 2009.

_____________________________ Kent J. Dawson United States District Judge

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