Simpson v. Agatone

District Court, D. Nevada

Simpson v. Agatone

Trial Court Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 * * *

9 DERRICK SIMPSON, Case No. 2:15-cv-00254-RFB-DJA

10 Plaintiff, ORDER

11 v.

12 F. AGATONE, et al.,

13 Defendants.

14 15 Before the Court for consideration is the Report and Recommendation (ECF No. 29) of the 16 Honorable Daniel J. Albregts, United States Magistrate Judge, entered January 7, 2020. 17 A district court “may accept, reject, or modify, in whole or in part, the findings or 18 recommendations made by the magistrate.”

28 U.S.C. § 636

(b)(1). A party may file specific 19 written objections to the findings and recommendations of a magistrate judge. Id.; D. Nev. Civ. R. 20 IB 3-2(a). When written objections have been filed, the district court is required to “make a de 21 novo determination of those portions of the report or specified proposed findings or 22 recommendations to which objection is made.”

28 U.S.C. § 636

(b)(1); see also D. Nev. Civ. R. IB 23 3-2(b). Where a party fails to object, however, a district court is not required to conduct “any 24 review,” de novo or otherwise, of the report and recommendations of a magistrate judge. Thomas 25 v. Arn,

474 U.S. 140, 149

(1985). Pursuant to Local Rule IB 3-2(a), objections were due by January 26 21, 2020. No objections have been filed. The Court has reviewed the record in this case and 27 concurs with the Magistrate Judge’s recommendations. 28 // 1 IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 29) is 2 | ACCEPTED and ADOPTED in full. 3 IT IS FURTHER ORDERED that this case proceed on the operative Amended 4 Complaint claims as outlined in the Court’s Order (ECF No. 20) and Plaintiff's Motion for Leave 5 | to File a Second Amended Complaint (ECF No. 27) is DENIED. 6 The Court Clerk is directed to mail a copy of this order to Plaintiff. 7 g DATED: February 11, 2020. 9 RICHARD F. BOULWARE, IT 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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Reference

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