Pathak v. Spadaro et al

Filing 33

ORDER Accepting and Adopting in full 31 Report and Recommendation. FURTHER ORDERED that 21 Motion to Dismiss is GRANTED and the case is DISMISSED. Signed by Judge Richard F. Boulware, II on 10/20/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 ANSHU B. PATHAK, 10 11 12 13 Case No. 2:16-cv-02096-RFB-VCF Plaintiff, ORDER v. SPADARO, et, al., Defendants. 14 15 16 Before the Court for consideration is the Report and Recommendation (ECF No. 31) of the Honorable Cam Ferenbach, United States Magistrate Judge, entered September 12, 2017. 17 A district court “may accept, reject, or modify, in whole or in part, the findings or 18 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific 19 written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 20 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is 21 required to “make a de novo determination of those portions of the report or specified proposed 22 findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local 23 Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct 24 “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge. 25 Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due 26 by September 26, 2017. No objections have been filed. The Court has reviewed the record in this 27 case and concurs with the Magistrate Judge’s recommendations. 28 1 2 IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 31) is ACCEPTED and ADOPTED in full. 3 IT IS FURTHER ORDERED that the United States Patent and Trademark Office’s 4 motion to dismiss in case 2:16-cv-02096-RFB-VCF (ECF. No. 21) is GRANTED and the case is 5 DISMISSED. 6 It is directed to the Clerk of Court to close the case and enter judgment. 7 8 DATED: October 20, 2017. _____________________________ RICHARD F. BOULWARE, II United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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