Mitchell, Jr. v. Department of Corrections et al

Filing 107

ORDER denying 82 Motion; ORDER denying 86 Motion to Extend Time; ORDER granting 98 Motion to Enforce; ORDER denying 101 Motion; ORDER accepting and adopting 106 Report and Recommendation; Signed by Judge Richard F. Boulware, II on 2/8/2019. (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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DONALD E. MITCHELL, JR.,

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Plaintiff,
ORDER

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Case No. 2:16-cv-00037-RFB-NJK

v.
DEPARTMENT OF CORRECTION, et al.,

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Defendants.

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Before the Court for consideration is the Report and Recommendation [ECF No. 106] of

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the Honorable Nancy J. Koppe, United States Magistrate Judge, entered January 17, 2019.

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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. 28 U.S.C. §

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636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is

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required to “make a de novo determination of those portions of the report or specified proposed

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findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local

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

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

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

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by January 31, 2019. No objections have been filed. The Court has reviewed the record in this

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case and 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. 106)
is ACCEPTED and ADOPTED in full.

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IT IS FURTHER ORDERED that Defendants’ Motion to Enforce the Settlement is

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GRANTED [ECF No. 98] and that Plaintiff’s Motion to Enforce the Settlement is DENIED [ECF

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No. 101].

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IT IS FURTHER ORDERED that the remaining motions in this matter, Motion to Extend
Time [ECF No. 86] and Emergency Motion for Transfer [ECF No. 82] are DENIED.
The Clerk of the Court is instructed to close this matter accordingly.

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DATED: February 8, 2019.
_____________________________
RICHARD F. BOULWARE, II
United States District Judge

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