Belssner v. Guild Mortgage et al

Filing 18

ORDER. IT IS ORDERED that 15 the Magistrate Judge's Report and Recommendation entered 5/1/2019, are ADOPTED and AFFIRMED; IT IS FURTHER ORDERED that Plaintiff's complaint is DISMISSED without prejudice. Signed by Judge Kent J. Dawson on 6/3/2019. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHARLES N. BELSSNER,

Case No. 2:17-CV-01650-KJD-BNW

Plaintiff,
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v.

ORDER

GUILD MORTGAGE, et al.,
Defendants.

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Before the Court for consideration is the Report of Findings and Recommendation (#15)

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of Magistrate Judge Peggy A. Leen entered May 1, 2019, recommending that Plaintiff’s

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complaint be dismissed without prejudice unless he files an amended complaint on or before

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May 27, 2019. Plaintiff filed Objections (#17) to the Report and Recommendation. Plaintiff

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neither filed an amended complaint nor sought leave for an extension of time to do so.

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The Court has conducted a de novo review of the record in this case in accordance with

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28 U.S.C. § 636(b)(1) and LR IB 3-2. The Court determines that the Report of Findings and

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Recommendation (#15) of the United States Magistrate Judge entered May 1, 2019, should be

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ADOPTED and AFFIRMED. It is clear that the magistrate judge was more than patient with

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Plaintiff due to his pro se status. The Court gave Plaintiff three (3) separate opportunities to file

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an amended complaint. Plaintiff’s responses indicate that not only did he receive the orders of

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the Court but that he had ample opportunity to file an amended complaint. His failure to do so is

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due to his own neglect. Other than a notice of appeal, the Court will accept no further pleadings

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in this closed action.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and
Recommendation (#15) entered May 1, 2019, are ADOPTED and AFFIRMED;
IT IS FURTHER ORDERED that Plaintiff’s complaint is DISMISSED without

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prejudice.

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Dated this 3rd day of June, 2019.

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_____________________________
Kent J. Dawson
United States District Judge

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