Gibson v. Vilsack

Filing 3

ORDER Adopting and Accepting 2 Report and Recommendation. The Clerk shall file the complaint. FURTHER ORDERED that the Complaint is DISMISSED. The Clerk shall enter judgment accordingly. Signed by Chief Judge Robert C. Jones on 10/22/13. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 DANIEL HIRAM GIBSON, 6 Plaintiff, 7 v. 8 TOM VILSACK, 9 Defendant. 10 * ** ) ) ) ) ) ) ) ) ) ) CASE NO.: 2:13-CV-01838-RCJ-NJK ORDER 11 12 The Court has considered the Report and Recommendation of United States Magistrate 13 (ECF #2) entered on October 11, 2013, in which the Magistrate Judge recommends that the Court 14 Clerk shall file the Complaint, and be dismissed for failure to state a claim upon which relief can be 15 granted without leave to amend. The Court has considered the pleadings and memoranda of the parties 16 and other relevant matters of record and has made a review and determination in accordance with the 17 requirements of 28 U.S.C. ยง 636 and applicable case law, and good cause appearing, the court hereby 18 ADOPTS AND ACCEPTS the Report and Recommendation of the United States 19 Magistrate Judge (ECF #2). 20 IT IS HEREBY ORDERED that the Clerk of the Court shall file the complaint. 21 IT IS FURTHER ORDERED that the Complaint is DISMISSED. The Clerk of the Court 22 23 shall enter judgment accordingly. IT IS SO ORDERED this 22nd day of October, 2013. 24 25 26 _______________________________ ROBERT C. JONES UNITED STATES CHIEF DISTRICT JUDGE

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