Banks v. Werner et al

Filing 5

ORDER that the 4 Report and Recommendation is Accepted and Adopted in full. Plaintiff's 1 -1 Complaint is Dismissed without prejudice to Plaintiff's ability to commence a new action in which he either pays the appropriate filing fee in full or submits a completed application to proceed in forma pauperis. Signed by Chief Judge Gloria M. Navarro on 10/24/2016. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FREDERICK BANKS,
Plaintiff,

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vs.
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S.A. ROBERT WERNER, et al.,

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Defendants.

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Case No.: 2:16-cv-01154-GMN-PAL
ORDER ACCEPTING REPORT &
RECOMMENDATION OF MAGISTRATE
JUDGE LEEN

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Before the Court for consideration is the Report and Recommendation, (ECF No. 4), of
the Honorable Peggy A. Leen, United States Magistrate Judge, entered August 12, 2016.
Pursuant to Local Rule IB 3-2(a), objections were due by August 29, 2016. No objections

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have been filed. In accordance with 28 U.S.C. § 636(b)(1) and Local Rule IB 1-4, the Court has

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reviewed the record in this case and agrees with Magistrate Judge Leen’s recommendation that

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Plaintiff’s Complaint, (ECF No. 1-1), be dismissed without prejudice. Therefore, the Court has

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determined that Magistrate Judge Leen’s Recommendation should be ACCEPTED and

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ADOPTED to the extent that it is not inconsistent with this opinion.

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IT IS THEREFORE ORDERED that the Report and Recommendation, (ECF No. 4), is

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ACCEPTED and ADOPTED in full. Plaintiff’s Complaint, (ECF No. 1-1), is DISMISSED

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without prejudice to Plaintiff’s ability to commence a new action in which he either pays the

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appropriate filing fee in full or submits a completed application to proceed in forma pauperis.

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DATED this ____ day October, 2016.

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Gloria M. Navarro, Chief Judge
United States District Court