Kinsey v. Nelson

District Court, D. Nevada

Kinsey v. Nelson

Trial Court Opinion

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

9 DARWIN KINSEY, Case No. 2:21-cv-00188-RFB-BNW

10 Plaintiff(s), ORDER 11 v.

12 NELSON,

13 Defendant(s).

14 15 Before the Court for consideration is the Report and Recommendation [ECF No. 26] of the 16 Honorable Brenda Weksler, United States Magistrate Judge, entered January 23, 2023. 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 February 6, 2023. 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. 26] is 2| ACCEPTED and ADOPTED in full. 3 IT IS FURTHER ORDERED that the case is DISMISSED without prejudice and closed. 4 IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss, Motion for Summary 5 | Judgment, and Motion to Stay (ECF Nos. 15-17) are DENIED AS MOOT. 6 7 DATED: February 7, 2023. 8 RICHARD F. BOULWARE, II 9 United States District Judge 10 1] 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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