Holly v. Nye County Sheriff's Dept

Filing 12

ORDER REGARDING REPORT AND RECOMMENDATIONS Adopting 11 Report and Recommendation dismissing amended complaint with prejudice, denying 10 Motion to serve. Case Terminated. Signed by Judge Jennifer A. Dorsey on 4/4/2017. (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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Benjamin Holly,
2:16-cv-02607-JAD-VCF

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Plaintiff

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v.

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Nye County Sheriff’s Department, et al.,

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Order Adopting Report and
Recommendation, Denying Motion to
Serve as Moot, and Dismissing and
Closing Case

Defendants
[ECF Nos. 10, 11]

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Magistrate Judge Ferenbach recommends that I dismiss Benjamin Holly’s amended civil-

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rights complaint because, despite being granted leave to amend with detailed instructions, Holly still

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fails to state a plausible claim.1 “[N]o review is required of a magistrate judge’s report and

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recommendation unless objections are filed.”2 Objections to the magistrate judge’s report and

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recommendation were due by March 28, 2017, and no objections have been filed. Accordingly,

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IT IS HEREBY ORDERED that the magistrate judge’s report and recommendation [ECF
No. 11] is ADOPTED. Holly’s amended complaint is dismissed with prejudice.

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IT IS FURTHER ORDERED that Holly’s motion to serve [ECF No. 10] is DENIED as
moot.

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The Clerk of Court is directed to CLOSE THIS CASE.

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Dated this 4th day of April, 2017.

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_________________________________
_______________________
_ ___________ _
__
Jennifer A. Dorsey
Jennifer A. Dor
n r
orsey
or
United States District Judge
United States District Judge
ted ta
ic ud
ud

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ECF No. 11.

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