Simpson v. Agatone et al

Filing 30

ORDER denying 27 Motion for Leave to File Second Amended Complaint; ORDER accepting and adopting 29 Report and Recommendation; ORDERED that this case proceed on the operative Amended Complaint. Signed by Judge Richard F. Boulware, II on 2/11/2020. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DERRICK SIMPSON,

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Plaintiff,

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Case No. 2:15-cv-00254-RFB-DJA
ORDER

v.
F. AGATONE, et al.,

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Defendants.

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Before the Court for consideration is the Report and Recommendation (ECF No. 29) of the

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Honorable Daniel J. Albregts, United States Magistrate Judge, entered January 7, 2020.

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A district court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific

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written objections to the findings and recommendations of a magistrate judge. Id.; D. Nev. Civ. R.

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IB 3-2(a). When written objections have been filed, the district court is required to “make a de

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novo determination of those portions of the report or specified proposed findings or

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recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also D. Nev. Civ. R. IB

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3-2(b). Where a party fails to object, however, a district court is not required to conduct “any

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review,” de novo or otherwise, of the report and recommendations of a magistrate judge. Thomas

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v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due by January

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21, 2020. No objections have been filed. The Court has reviewed the record in this case and

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concurs with the Magistrate Judge’s recommendations.

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//

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IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 29) is
ACCEPTED and ADOPTED in full.

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IT IS FURTHER ORDERED that this case proceed on the operative Amended

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Complaint claims as outlined in the Court’s Order (ECF No. 20) and Plaintiff’s Motion for Leave

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to File a Second Amended Complaint (ECF No. 27) is DENIED.

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The Court Clerk is directed to mail a copy of this order to Plaintiff.

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DATED: February 11, 2020.
_____________________________
RICHARD F. BOULWARE, II
United States District Judge

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