Vidal v. Arnold et al

Filing 5

ORDER. IT IS ORDERED that 4 the Report and Recommendation is ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED that 1 Plaintiff's Complaint is dismissed without prejudice for failure to pay the filing fee or file an application to pro ceed in forma pauperis.IT IS FURTHER ORDERED that 1 -1 the Complaint is DISMISSED. The Clerk of Court is directed to serve a copy of this Order upon Plaintiff. Signed by Judge Richard F. Boulware, II on 1/24/2018. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 10 FRANCISCO VIDAL, 11 Case No. 2:17-cv-02885-RFB-GWF Plaintiff, ORDER 12 v. 13 ARNOLD, et al., 14 Defendants. 15 16 17 Before the Court for consideration is the Report and Recommendation (ECF No. 4) of the Honorable George Foley, Jr., United States Magistrate Judge, entered December 28, 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 January 11, 2018. 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 IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 4) is ACCEPTED and ADOPTED in full. 3 IT IS FURTHER ORDERED that Plaintiff’s Complaint (ECF No. 1) is dismissed 4 without prejudice for failure to pay the filing fee or file an application to proceed in forma pauperis. 5 IT IS FURTHER ORDERED that The Complaint (ECF No. 1-1) is DISMISSED. 6 The Clerk of Court is directed to serve a copy of this Order upon Plaintiff. 7 8 DATED: January 24, 2018. _____________________________ 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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