Jones v. District Court Clark County et al

Filing 9

ORDER. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the Report and Recommendation of Magistrate Judge Nancy J. Koppe 7 is accepted and adopted in its entirety. It is ordered that the Amended Complaint [1-2] is Dismissed without prejudice. IT IS FURTHER ORDERED that the Clerk close this case. Signed by Judge Miranda M. Du on 11/23/15. (Copies have been distributed pursuant to the NEF - PS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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SCOTT ALLAN JONES,

Case No. 2:15-cv-01108-MMD-NJK
Plaintiff,

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v.
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DISTRICT COURT CLARK COUNTY, et
al.,

ORDER ADOPTING AND ACCEPTING
REPORT AND RECOMMENDATION OF
MAGISTRATE JUDGE
NANCY J. KOPPE

Defendant.

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Before the Court is the Report and Recommendation of United States Magistrate
Judge Nancy J. Koppe (dkt. no. 7) R&R . No objection to the R&R has been filed.1
This C

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recommendations made by the magistrate judge

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timely objects
de novo determination of those portions of the [report and

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28 U.S.C. § 636(b)(1). Where a party

recommend

28 U.S.C. § 636(b)(1). Where a party fails

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. . . of any issue

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Thomas v. Arn, 474 U.S. 140, 149 (1985).

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Indeed, the Ninth Circuit has recognized that a district court is not required to review a

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magistrate

See

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The R&R (dkt. no. 7) that was mailed to Plaintiff was returned as undeliverable.
(Dkt. no. 8.)

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United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard

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of review employed by the district court when reviewing a report and recommendation to

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which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219,

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decision in Reyna-Tapia as adopting the

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issue that is not the subject of an

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recommendation, then

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the court may accept the recommendation without review. See, e.g., Johnstone, 263 F.

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to

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which no objection was filed).
Nevertheless, this Court finds it appropriate to engage in a de novo review to

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determine whether to adopt Magistrate Judge Koppe

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this action be dismissed without

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why the case should be dismissed. After reviewing the filings, the Court agrees with the

show cause

on.

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&R. The R&R recommends that

It

is

therefore

ordered,

adjudged

and

decreed

that

the

Report

and

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Recommendation of Magistrate Judge Nancy J. Koppe (dkt. no. 7) is accepted and

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adopted in its entirety.

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It is ordered that the amended complaint (dkt. no. 1-2) is dismissed without
prejudice.

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It is further ordered that the Clerk close this case.

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DATED THIS 23rd day of November 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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