Towner v. Silver

Filing 6

ORDER Adopting and Affirming 3 Report and Recommendation. Plaintiff's Action is Remanded to the Family Division of the Nevada Eighth Judicial District Court for lack of jurisdiction. The Court further Denies 5 Defendant's Motion Challenging Authority of the Magistrate Judge. This matter is remanded to state court. Signed by Judge Kent J. Dawson on 1/6/2021. (Copies have been distributed pursuant to the NEF; certified copy of order and docket to state court. - DRS)

Case 2:20-cv-00695-KJD-NJK Document 6 Filed 01/06/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CANDICE KATIE TOWNER,

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Plaintiff,

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Case No. 2:20-CV-0695-KJD-NJK
ORDER

v.
FREDERICK O. SILVER,

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Defendant.

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Before the Court for consideration is the Order and Report and Recommendation (#3) of

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Magistrate Judge Nancy J. Koppe entered June 29, 2020, recommending that Plaintiff’s action be

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remanded to the Family Division of the Nevada Eighth Judicial District Court for lack of

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jurisdiction. Defendant filed Objections (#5) to the report and recommendation.

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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 magistrate judge correctly determined that

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Defendant’s Notice of Removal was untimely by several years. Defendant’s assertion that that

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Judge Koppe lacks the authority to make a report and recommendation defies federal statute and

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the Local Rules. The Court determines that the Report and Recommendation (#3) of the United

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States Magistrate Judge entered June 29, 2020, should be ADOPTED and AFFIRMED.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and
Recommendation (#3) entered June 29, 2020, are ADOPTED and AFFIRMED;

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IT IS FURTHER ORDERED that Plaintiff’s action is REMANDED;

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Case 2:20-cv-00695-KJD-NJK Document 6 Filed 01/06/21 Page 2 of 2

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IT IS FURTHER ORDERED that Defendant’s Motion Challenging Authority of the
Magistrate Judge (#5) is DENIED.
DATED this 6th day of January 2021.

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______________________________
The Honorable Kent J. Dawson
United States District Judge

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