Bailey v. Harris et al

Filing 23

ORDER Accepting Magistrate Judge Foley's 22 Report and Recommendation. This case is DISMISSED. All pending 10 and 11 Motions are DENIED as moot. The Clerk of Court is instructed to close this case. Signed by Judge Jennifer A. Dorsey on 6/20/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Viana B. Bailey, 4 Case No.: 2:15-cv-02279-JAD-GWF Plaintiff 5 Order Adopting Report and Recommendation, and Dismissing Action, and Denying Motions as Moot v. 6 William Oscar Harris, et al., 7 Defendants 8 [ECF Nos. 10, 11, 22] 9 In January of this year, when virtually nothing had occurred in this case, it appeared to 10 11 Magistrate Judge George Foley, Jr. that this case lacks an actual case or controversy. So he ordered 12 the parties to show cause why this case should not be dismissed for lack of an actual dispute and 13 failure to prosecute it.1 Plaintiff’s response confirms that “Although a legitimate dispute did in fact 14 exist for adjudication at the filing of this initial Complaint . . . no such remaining controversy lies 15 before this Court” because “the parties . . . have formally moved forward to [an] agreed arbitration 16 forum to resolve their remaining controversies.”2 The magistrate judge found that [t]he parties have 17 failed to present a discernible issue in dispute or that the parties have a legally cognizable interest in 18 the outcome of the litigation.”3 He also noted that plaintiff “even represents that there is no longer a 19 controversy before the Court,” and he concludes that “there does not appear to be an actual dispute 20 between real parties.” He thus recommends that this case be dismissed and closed.4 “[N]o review is required of a magistrate judge’s report and recommendation unless 21 22 23 24 25 1 ECF No. 17. 26 2 ECF No. 20. 27 3 ECF No. 22 at 3. 28 4 Id. Page 1 1 objections are filed.”5 The deadline for objections has passed, and no party has filed an objection to 2 the magistrate judge’s recommendation. Accordingly, and with good cause appearing, 3 4 It is hereby ORDERED that Magistrate Judge Foley’s Report and Recommendation [ECF No. 22] is ACCEPTED and his findings and conclusions are adopted; 5 6 It is further ORDERED that this case is DISMISSED. All pending motions [ECF Nos. 10, 11] are DENIED as moot. And the Clerk of Court is instructed to CLOSE THIS CASE. 7 DATED June 20, 2017 _________________________________ U.S. District Judge Jennifer Dorsey 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5 28 Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Page 2

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