Newton v. State of Nevada

Filing 16

ORDER accepting ECF No. 14 Report and Recommendation; dismissing with prejudice this action; directing Clerk to close case. Signed by Judge Andrew P. Gordon on 9/6/2017. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CHARLES NEWTON,

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Plaintiff,
v.
STATE OF NEVADA,

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Defendant.

Case No. 2:16-cv-01672-APG-GWF
ORDER DISMISSING CASE BASED
ON REPORT AND
RECOMMENDATION
(ECF NO. 14)

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On July 20, 2017, Magistrate Judge Foley entered a report and recommendation that I
dismiss this case with prejudice because the plaintiff sues only the State of Nevada, which is not a
person under 42 U.S.C. § 1983. Plaintiff Charles Newton did not file an objection. I nevertheless
conducted a de novo review of the issues set forth in the report & recommendation. 28 U.S.C.
§ 636(b)(1). Judge Foley sets forth the proper legal analysis and factual basis for the decision.
IT IS THEREFORE ORDERED that Judge Foley’s report and recommendation (ECF No.
14) is accepted. This action is DISMISSED with prejudice. The Clerk of the Court is instructed
to close this case.
DATED this 6th day of September, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE