Garcia v. Assad

Filing 10

ORDER AFFIRMING and ADOPTING Magistrate Judge Foley's 3 6 Findings and Recommendations. Case DISMISSED with prejudice. Signed by Judge Robert C. Jones on 7/2/09. (Copies have been distributed pursuant to the NEF - ECS)

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 B e f o re the Court for consideration is the Findings and Recommendations (#3) of M a g is tra te Judge George W. Foley, entered February 20, 2009, and the Findings and R e c o m m e n d a tio n s (#6) of Magistrate Judge George W. Foley, entered April 9, 2009. T h e Court has conducted a review of the record in this case and determines that th e Findings and Recommendations (#3, #6) of the United States Magistrate Judge e n te re d February 23, 2009, should be affirmed. As such, IT IS HEREBY ORDERED that Magistrate Judge Foley's Finding and R e c o m m e n d a tio n s (#3, #6) be affirmed and adopted and that this action should be D I S M I S S E D WITH PREJUDICE based upon 1) Plaintiff's failure to submit a c o m p le te d application and affidavit in support of a request to proceed in forma pauperis; a n d based upon the extent that 2) Plaintiff's Motion for an Evidentiary Hearing (#4) and L e tte r to the Court (#5) were intended to serve as a Complaint. D A T E D : July 2, 2009 ____________________________________ U N IT E D STATED DISTRICT COURT vs. G E O R G E ASSAD, D e f e n d a n t. J U A N CARLOS GARCIA, P la in tif f , U N I T E D STATES DISTRICT COURT D I S T R I C T OF NEVADA ) ) ) ) ) ) ) ) ) ) 2 :0 9 -c v -0 0 0 8 0 -R C J -G W F ORDER