Adkins v. Cox et al

Filing 83

ORDER adopting and accepting 82 Report and Recommendation and dismissing this action for Plaintiff's fraud on the court; denying as moot 21 , 30 , 42 , 56 , 65 , 69 , 75 , and 79 motions. The clerk shall enter judgment accordingly and close this case. Signed by Judge Larry R. Hicks on 03/06/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*****

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FREDERICK W. ADKINS,

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Plaintiff,
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v.
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JAMES G. COX; et al.,
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Defendants.
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_____________________________________ )

3:12-cv-00581-LRH-VPC
ORDER

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Before this Court is the Report and Recommendation of U.S. Magistrate Judge Valerie P.

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Cooke (#821) entered on February 5, 2014, recommending that this action be dismissed for Rule 11

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violations. This action was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and

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Local Rule 1B 1-4 of the Rules of Practice of the United States District Court for the District of

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Nevada. No objections to the Report and Recommendation have been filed.

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The Court has conducted its de novo review in this case, has fully considered the pleadings and

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memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B)

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and Local Rule IB 3-2. The Court determines that the Magistrate Judge’s Report and Recommendation

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(#82) entered on February 5, 2014, should be adopted and accepted.

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///

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Refers to court’s docket number.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#82)

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entered on February 5, 2014, is adopted and accepted, and this action is DISMISSED for Plaintiff’s

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fraud on the court in violation of Rule 11.

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IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss (#21) be DENIED as moot.

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IT IS FURTHER ORDERED that the following motions filed by Plaintiff are DENIED as

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moot: Motion to Strike Exhibits from Motion to Dismiss (#30); Counter Motion for Summary

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Judgment (#42); Motion for Emergency Preliminary Injunction (#56); Motion for Leave to Amend

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Complaint (#65); Motion to Amend Scheduling Order (#69); Motion for Leave to File Exhibits and

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Leave to File Amended Complaint (#75); and Request for Order re Motion for Preliminary Injunction

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(#79).
IT IS FURTHER ORDERED that the Clerk of the Court ENTER JUDGMENT accordingly and
close this case.

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IT IS SO ORDERED.

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DATED this 6th day of March, 2014.

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_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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