Burton v. Prefered Properties et al

Filing 4

ORDER AFFIRMING Judge Leavitt's Report and Recommendations 3 . Plaintiff's Application to Proceed In Forma Pauperis and Complaint are DISMISSED with prejudice for failure to state a cognizable claim. Signed by Judge Philip M. Pro on 12/28/09. (Copies have been distributed pursuant to the NEF - ECS)

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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 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** FELISES BURTON, Plaintiff, vs. PREFERRED PROPERTIES, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) 2 :09-CV-00074-PMP-LRL ORDER Before the Court for consideration is Plaintiff Burton's Application to Proceed In Forma Pauperis and a Complaint (Doc. #2), filed on January 12, 2009. On December 15, 2009, the Honorable Lawrence R. Leavitt United States Magistrate Judge, entered a Report and Recommendation (Doc. #3) recommending that Plaintiff's Application to Proceed In Forma Pauperis and Complaint (Doc. #2) be dismissed with prejudice for failure to adequately amend the Complaint by February 16, 2009. The Court has conducted a de novo review of the record in this case in accordance with 28 U.S.C. 636(b)(1)(B) and (C) and Local Rule IB 3-2 and determines that Magistrate Judge Leavitt's Report and Recommendation should be Affirmed. /// 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 IT IS THEREFORE ORDERED that Plaintiff's Application to Proceed In Forma Pauperis and Complaint (Doc. #2) is hereby DISMISSED with prejudice for failure to state a cognizable claim. DATED: December 28, 2009. PHILIP M. PRO United States District Judge 2

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