Lee et al v. Spears

Filing 7

ORDER Adopting and Accepting 6 Report and Recommendation. Plaintiff's 5 Complaint is DISMISSED with prejudice. Signed by Judge Larry R. Hicks on 01/28/2013. (Copies have been distributed pursuant to the NEF - AC)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

*****

9
10
11
12
13

DAVID LEE,

)
)
Plaintiff,
)
)
v.
)
)
DARCY SPEARS,
)
)
Defendant.
)
_____________________________________ )

2:12-cv-01397-LRH-CWH
ORDER

14
15

Before this Court is the Report and Recommendation of U.S. Magistrate Judge Carl W.

16

Hoffman (#61) entered on November 6, 2012, recommending dismissing the complaint with prejudice.

17

No objection to the Report and Recommendation has been filed. The action was referred to the

18

Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)B and Local Rule 1B 1-4 of the Rules of Practice

19

of the United States District Court for the District of Nevada.

20

The Court has conducted its de novo review in this case, has fully considered the pleadings and

21

memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B)

22

and Local Rule IB 3-2. The Court determines that the Magistrate Judge’s Report and Recommendation

23

(#6) entered on November 6, 2012, should be adopted and accepted.

24

//

25
26

1

Refers to court’s docket number.

1

IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#6)

2

entered on November 6, 2012, is adopted and accepted, and Plaintiff’s Complaint (#5) is DISMISSED

3

with prejudice because Plaintiff failed to file an amended complaint within 30 days of the Court’s

4

October 4, 2012 order.

5
6

IT IS SO ORDERED.

7

DATED this 28th day of January, 2013.

8

_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

2