Benson v. State of Nevada et al

Filing 135

ORDER granting 82 Motion; ORDER adopting 134 Report and Recommendation; FURTHER ORDERED that Mr. Benson is declared a vexatious litigant subject to pre-screening of future complaints he seeks to file in this District. Signed by Judge Richard F. Boulware, II on 11/13/2017. (no image attached) (Copies have been distributed pursuant to the NEF - JM)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9
10

Case No. 2:17-cv-00447-RFB-NJK
THOMAS BENSON,

11
12
13
14

Plaintiff,

ORDER

v.
STATE OF NEVADA, et, al.,
Defendants.

15
16
17

Before the Court for consideration is the Report and Recommendation (ECF No. 134) of
the Honorable Nancy J. Koppe, United States Magistrate Judge, entered October 23, 2017.

18

A district court “may accept, reject, or modify, in whole or in part, the findings or

19

recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific

20

written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. §

21

636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is

22

required to “make a de novo determination of those portions of the report or specified proposed

23

findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local

24

Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct

25

“any review,” de novo or otherwise, of the report and recommendations of a magistrate judge.

26

Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due

27

by November 6, 2017. No objections have been filed. The Court has reviewed the record in this

28

case and concurs with the Magistrate Judge’s recommendations.

1
2
3
4

IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 134)
is ACCEPTED and ADOPTED in full.
IT IS FURTHER ORDERED that the motion docket number [82] is GRANTED and that
Mr. Benson is DECLARED a vexatious litigant.

5

IT IS FURTHER ORDERED that Mr. Benson is declared a vexatious litigant subject to

6

pre-screening of future complaints he seeks to file in this District, and subject to a bar on filings in

7

this case without approval other than an objection hereto without pre-screening.

8

The Clerk of Court is directed to serve a copy of this Order upon Plaintiff.

9
10

DATED: November 13, 2017.
_____________________________
RICHARD F. BOULWARE, II
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-