Bacon v. State of Nevada

Filing 3

ORDER adopting 2 Report and Recommendation; Payment of filing fees due 2/11/2019. Signed by Judge Jennifer A. Dorsey on 1/29/2019. (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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Case No.: 2:17-cv-02207-JAD-PAL

4 Percy Lavae Bacon,
Petitioner

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Order Adopting
Report & Recommendation

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7 State of Nevada,

[ECF No. 2]
Respondent

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Petitioner Percy Lavae Bacon is a prisoner in the custody of the Nevada Department of

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11 Corrections whose history of filing frivolous, malicious, or meritless claims now requires him to
12 either pay the full $400 filing fee in advance for new actions or show that he is “under imminent
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13 danger of serious physical injury.” Magistrate Judge Peggy Leen recommends that I dismiss
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14 this case without prejudice unless Bacon pays the $400 filing fee by February 11, 2019. Any

15 objections to that report and recommendation were due by January 25, 2019, and none were
16 filed. “[N]o review is required of a magistrate judge’s report and recommendation unless
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17 objections are filed.” Having reviewed the R&R, I find good cause to adopt it, and I do.

18 Accordingly, IT IS HEREBY ORDERED that:
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The Magistrate Judge’s Report and Recommendation [ECF No. 2] is

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ADOPTED in its entirety; and

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28 U.S.C. § 1915(g).

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ECF No. 2.

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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).
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Bacon must pay the $400 filing fee in full by February 11, 2019, or this

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action will be dismissed without prejudice.

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Dated: January 29, 2019

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_________________
__ ___________
___
_________________________________
udge J n f A. Dors
g Jennifer D
U.S. District Judge Jennifer A. Dorsey

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