Fletcher v. Dzurenda et al

Filing 51

ORDER. IT IS ORDERED that 49 the Report and Recommendation is ACCEPTED and ADOPTED in full. ITS IS FURTHER ORDERED that 29 Defendants Motion to Dismiss is DENIED as moot. IT IS FURTHER ORDERED that Plaintiff's case is dismissed without prejudice and this case closed. Signed by Judge Richard F. Boulware, II on 1/14/2021. (Copies have been distributed pursuant to the NEF - cc: P - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BILLY FLETCHER,

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Plaintiff,
ORDER

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Case No. 2:18-cv-01077-RFB-VCF

v.
DZURENDA, et al.,

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Defendant.

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Before the Court for consideration is the Report and Recommendation [ECF No. 49] of the

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Honorable Cam Ferenbach, United States Magistrate Judge, entered October 15, 2020.

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

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

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

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

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

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

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

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

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

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by October 29, 2020. No objections have been filed. The Court has reviewed the record in this

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case and concurs with the Magistrate Judge’s recommendations.

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...

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IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 49] is
ACCEPTED and ADOPTED in full.
ITS IS FURTHER ORDERED that Defendants Motion to Dismiss [ECF No. 29] is
DENIED as moot.
IT IS FURTHER ORDERED that Plaintiff’s case is dismissed without prejudice and this
case closed.
The Court Clerk is directed to mail a copy of this order to Plaintiff.

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DATED: January 14, 2021.
_____________________________
RICHARD F. BOULWARE, II
United States District Judge

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