Middleton v. Omely Telecom Corp a/k/a Pro Tax and Accounting

Filing 31

ORDER Accepting and Adopting Magistrate Judge Foley's 29 Report and Recommendation. Sam Bateman's 28 Motion to Dismiss is Denied as moot. Signed by Judge Jennifer A. Dorsey on 10/26/2017. (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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Ervin Middleton,

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2:16-cv-01369-JAD-GWF

Plaintiff

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v.

Order Adopting Report and
Recommendation re: Sam Bateman’s
Motion to Dismiss

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Omely Telecom Corp.,

[ECF Nos. 28, 29]

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Defendant

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Sam Bateman became a defendant in this case when plaintiff Ervin Middleton filed an

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unauthorized first amended complaint. That pleading, and the summonses that corresponded to

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it, were stricken on September 19, 2017,1 and Bateman is no longer a defendant in this case.

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Nevertheless, Mr. Bateman filed a motion to dismiss the claims against him.2 Magistrate Judge

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Foley recommends that I deny the motion as moot because Mr. Bateman is no longer a party to

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this case.3

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The report and recommendation was entered October 11, 2017, making October 25, 2017,

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the deadline to file an objection. No party has filed an objection to the report and

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recommendation. “[N]o review is required of a magistrate judge’s report and recommendation

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unless objections are filed.”4 Accordingly, with good cause appearing and no reason to delay, IT

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ECF No. 19.

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ECF No. 28.

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ECF No. 29.

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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. Reyn-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

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IS HEREBY ORDERED that Magistrate Judge Foley’s report and recommendation [ECF No.

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29] is ACCEPTED and ADOPTED; Sam Bateman’s Motion to Dismiss [ECF No. 28] is

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DENIED as moot.

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DATED: October 26, 2017.

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_______________________________
___________________
_ __ _ _ _
Jennifer A. Dorsey
Dorsey
o e
United States District Judge
ates District Judge
Di
g

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