Brandon v. LVMPD

District Court, D. Nevada

Brandon v. LVMPD

Trial Court Opinion

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

9 HENRY BRANDON, Case No. 2:20-cv-00464-RFB-DJA

10 Plaintiff, ORDER 11 v.

12 LVMPD, et al.,

13 Defendants.

14 15 Before the Court for consideration is the Report and Recommendation [ECF No. 60] of the 16 Honorable Daniel J. Albregts, United States Magistrate Judge, entered August 21, 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.

28 U.S.C. § 20

636(b)(1); Local Rule IB 3-2(a). When written objections have been filed the district court is 21 required to “make a de novo determination of those portions of the report or specified proposed 22 findings or recommendations to which objection is made.”

28 U.S.C. § 636

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

474 U.S. 140, 149

(1985). Pursuant to Local Rule IB 3-2(a), objections were due 26 by September 4, 2020. No objections have been filed. The Court has reviewed the record in this 27 case and concurs with the Magistrate Judge’s recommendations. 28 . . . 1 IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 60] is 2 | ACCEPTED and ADOPTED in full. 3 IT IS FURTHER ORDERED that Defendant’s Motion for Pre-Filing Restrictions [ECF 4} No. 44] is GRANTED and Plaintiff be deemed a vexatious litigant. 5 IT IS FURTHER ORDERED that Plaintiff be required to seek leave of the Court before making any additional filings in this action while Defendant’s Motion to Dismiss [ECF No. 20] is pending. 8 9 The Court Clerk is directed to mail a copy of this order to Plaintiff.

DATED: September 14, 2020. ai 12 amt AS ARE, II 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

_2-

Reference

Status
Unknown