Morris v. Nevada Gaming Control Board et al
ORDER that the Report and Recommendation of Magistrate Judge Valerie P. Cooke ECF No. 3 is accepted and adopted in its entirety; Plaintiff's Application to Proceed In Forma Pauperis ECF No. 3 is granted; the Clerk file the complaint ECF No. 1 -1; the complaint is dismissed with prejudice; Clerk is instructed to close this case. Signed by Judge Miranda M. Du on 10/10/2017. (Copies have been distributed pursuant to the NEF - KW)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:16-cv-00604-MMD-VPC
NEVADA GAMING CONTROL BOARD,
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION OF
VALERIE P. COOKE
Before the Court is the Report and Recommendation of United States Magistrate
Judge Valerie P. Cooke (ECF No. 4) (“R&R”) relating to Plaintiff’s Application to Proceed
In Forma Pauperis (ECF No. 1) and pro se complaint (ECF No. 1-1).
recommends granting plaintiff’s application to proceed in forma pauperis and dismissing
the complaint with prejudice. Plaintiff filed his objection thereto on July 19, 2017 (ECF
This Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party
timely objects to a magistrate judge’s report and recommendation, then the court is
required to “make a de novo determination of those portions of the [report and
recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1).
In light of plaintiff’s objections, the Court has engaged in a de novo review to
determine whether to adopt Magistrate Judge Cooke’s recommendations. Judge Cooke
found that Plaintiff filed two nearly identical cases in this district: Morris v. Orleans Hotel
and Casino, case no. 2:12-cv-01683-JCM-CWH; and Morris v. Caberto, case no. 2:16-
cv-02416-GMN-NJK. (ECF No. 3 at 3.) Plaintiff contends that this Court granted him
leave to file claims under 42 U.S.C. § 1983 when the Court dismissed his petition for writ
of habeas corpus in case no. 3:16-cv-00212-MMD-WGC. (ECF No. 4 at 4.) In that case,
the Court dismissed the petition and noted that petitioner “may have a claim that is
cognizable under 42 U.S.C. § 1983” and directed the Clerk to send petitioner the proper
civil rights complaint form. (Moriss v. Baca, case no. 3:16-cv-00212-MMD-WGC (ECF
No. 6 at 1-2).) However, the Court did not grant leave for Plaintiff file duplicative actions
as he has done by initiating this action. Therefore, this Court finds good cause to adopt
the Magistrate Judge’s Recommendation in full for the reasons articulated in the R&R.
Recommendation of Magistrate Judge Valerie P. Cooke (ECF No. 3) is accepted and
adopted in its entirety.
It is ordered that Plaintiff’s Application to Proceed In Forma Pauperis (ECF No. 3)
It is further ordered that the Clerk file the complaint (ECF No. 1-1)
It is further ordered that the complaint is dismissed with prejudice.
The Clerk is instructed to close this case.
DATED THIS 10th day of October 2017.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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