Adams v. Ferenbach

District Court, D. Nevada

Adams v. Ferenbach

Trial Court Opinion

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

9 BRANDON G. ADAMS, Case No. 2:22-cv-00283-RFB-CSD

10 Plaintiff, ORDER 11 v.

12 CAM FERENBACH, et al.,

13 Defendants.

14 15 Before the Court for consideration is the Report and Recommendation [ECF No. 34] of the 16 Honorable Craig S. Denney, United States Magistrate Judge, entered March 28, 2022. 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 April 11, 2022. No objections have been filed. The Court has reviewed the record in this case 27 and concurs with the Magistrate Judge’s recommendations. 28 . . . 1 IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 34] is ACCEPTED and ADOPTED in full. 3 IT IS FURTHER ORDERED that (ECF No. 10) Plaintiff's IFP application Plaintiff is permitted to maintain this action without prepaying the filing fee is GRANTED. 5 (2) The action is DISMISSED WITH PREJUDICE for the reasons set forth in this Report 6 | and Recommendation. 7 (3) Plaintiff is cautioned that if he persists in filing lawsuits where the court lacks 8 | jurisdiction, the defendants are immune from suit and fails to state a claim/includes frivolous claims, it may result in his being declared a vexatious litigant 10 DATED: May 10, 2022. AK 12 RICHARD F. BOULWARE, II 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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Reference

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