Smith-Lovejoy v. State of Nevada et al

Filing 4

ORDER ADOPTING AND ACCEPTING REPORT AND RECOMMENDATION ECF No. 3 ; Plaintiff's Application to proceed In Forma Pauperis ECF No. 1 is GRANTED; Clerk directed to file Plaintiff's Complaint ECF No. 1 -1; plaintiff's claims aga inst State of Nevada, Nike Shoe Company, and Smith's Food and Drug Stores are DISMISSED WITH PREJUDICE and United States are DISMISSED WITHOUT PREJUDICE; Clerk directed to close case. Signed by Judge Robert C. Jones on 5/11/2018. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 Case No.: 3:17-CV-00665-RCJ-VPC ANDRE SMITH-LOVEJOY, Plaintiff, 10 11 12 ORDER ADOPTING AND ACCEPTING REPORT AND RECOMMENDATION (ECF NO. 3) vs. STATE OF NEVADA, et al., 13 Defendants. 14 The Court has considered the Report and Recommendation of United States Magistrate 15 16 (ECF No. 3) entered on April 4, 2018, in which the Magistrate Judge recommends the Court 17 grant Plaintiff’s IFP (ECF No. 1); the Clerk file Plaintiff’s Complaint (ECF No. 1-1); dismiss 18 Defendants claims against the State of Nevada, Nike Shoe Company, Smith’s Food and Drug 19 Stores with prejudice and claims against the United States be dismissed without prejudice. The 20 21 Court has considered the pleadings and memoranda of the parties and other relevant matters of 22 record and has made a review and determination in accordance with the requirements of 28 23 U.S.C. § 636 and applicable case law, and good cause appearing, the court hereby, 24 ADOPTS AND ACCEPTS the Report and Recommendation of the United States 25 Magistrate Judge (ECF No. 3). 26 27 28 /// 1 1 2 IT IS HEREBY ORDERED that Plaintiff’s Application to proceed In Forma Pauperis (ECF No. 1) is GRANTED. 3 IT IS FURTHER ORDERED that the Clerk shall file Plaintiff’s Complaint (ECF No. 14 5 6 1). IT IS FURTHER ORDERED that Plaintiff’s claims against the STATE OF NEVADA, 7 NIKE SHOE COMPANY, and SMITH’S FOOD AND DRUG STORES are DISMISSED WTH 8 PREJUDICE. 9 IT IS FURTHER ORDERED that Plaintiff’s claims against the UNITED STATES are 10 11 DISMISSED WITHOUT PREJUDICE. 12 IT IS FURTHER ORDERED that the Clerk of the Court shall close the case. 13 IT IS HEREBY ORDERED this 11th day of May, 2018. 14 15 16 ______________________________________ ROBERT C. JONES 17 18 19 20 21 22 23 24 25 26 27 28 2

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