Kennedy v. Henroid et al

Filing 18

ORDER adopting and accepting ECF No. 15 Report and Recommendation; granting Plaintiff's ECF Nos. 16 and 17 Motion to Receive Copy of Docket #3 and for Voluntary Dismissal; directing Clerk to mail a copy of ECF No. 3 to Plaintiff at Ely State Prison (mailed 5/22/2019); directing Clerk to close case. Signed by Judge Robert C. Jones on 5/22/2019. (Copies have been distributed pursuant to the NEF - KR)

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1 2 UNITED STATES DISTRICT CCOURT 3 DISTRICT OF NEVADA 4 5 6 KEVIN LEE KENNEDY, 7 8 Plaintiff, vs. 9 10 SCOTT HENROID, et al., Defendants. 11 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 3:18-CV-00161-RCJ-CBC ORDER ADOPTING AND ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE (ECF NO. 15) 12 13 14 Before the Court is the Report and Recommendation of United States Magistrate Judge Carla B. Carry (ECF No. 15 1) entered on April 30, 2019, recommending that the 15 16 Court dismiss this action without prejudice based on Plaintiff’s failure to file an amended 17 complaint; and Plaintiff’s Motion to Receive Copy of Docket #3 and for Voluntary 18 Dismissal (ECF Nos. 16, 17). No objection to the Report and Recommendation has 19 been filled. 20 This action was referred to Judge Carry under 28 U.S.C. § 636(b)(1)(B) and 21 22 Local Rule IB 1-4 of the Rules of Practice of the United States District Court for the 23 District of Nevada. 24 25 The Court has considered the pleadings and memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule IB 3-2. 26 27 28 1 Refers to Court’s docket number. 1 1 2 IT IS HEREBY ORDERED that the Magistrate Judge’s Report and Recommendation (ECF No. 15) entered on April 30, 2019, is ADOPTED and 3 ACCEPTED. 4 5 6 7 8 IT IS FURTHER ORDERED that Plaintiff’s Motion to Receive Copy of Docket #3 and for Voluntary Dismissal (ECF Nos. 16, 17) are GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of Docket Entry (ECF No. 3) to Plaintiff, Kevin Lee Kennedy #79138, Ely State Prison, 9 10 P.O. Box 1989, Ely, Nevada 89301. 11 IT IS FURTHER ORDERED that the Clerk of the Court shall close the case. 12 IT IS SO ORDERED. 13 Dated this 22nd day of May, 2019. 14 15 16 ROBERT C. JONES Senior District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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