Wilkeson v. Shawn Byrd the Empowerment Center of Southern Nevada
Wilkeson v. Shawn Byrd the Empowerment Center of Southern Nevada
Trial Court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * * 7 JOHN ERNEST WILKESON, Case No. 2:24-cv-00479-RFB-BNW 8 Plaintiff, ORDER 9 v. 10 SHAWN BYRD, et al., 11 Defendants. 12 13 Before the Court for consideration is the Report and Recommendation (ECF No. 10) of the 14 Honorable Brenda N. Weksler, United States Magistrate Judge, entered on March 26, 2024. A 15 district court “may accept, reject, or modify, in whole or in part, the findings or recommendations 16 made by the magistrate.”
28 U.S.C. § 636(b)(1). A party may file specific written objections to the 17 findings and recommendations of a magistrate judge.
28 U.S.C. § 636(b)(1); Local Rule IB 3-2(a). 18 When written objections have been filed, the district court is required to “make a de novo 19 determination of those portions of the report or specified proposed findings or recommendations 20 to which objection is made.”
28 U.S.C. § 636(b)(1); see also Local Rule IB 3-2(b). Where a party 21 fails to object, however, a district court is not required to conduct “any review,” de novo or 22 otherwise, of the report and recommendations of a magistrate judge. Thomas v. Arn,
474 U.S. 140, 23 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due by April 9, 2024. No objections 24 have been filed. The Court has reviewed the record in this case and concurs with the Magistrate 25 Judge’s recommendations. However, the Court notes that Plaintiff has since filed an amended 26 complaint (ECF No. 12) and therefore it is no longer necessary to adopt Judge Weksler’s 27 recommendation that Plaintiff file a complaint by April 26, 2024. 28 IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 10) is ACCEPTED and ADOPTED in part. 3 IT IS FURTHER ORDERED that Plaintiff's motion for a preliminary injunction (ECF ‘ No. 7) is DENIED. Plaintiff may re-file his motion for preliminary injunction once his amended ° complaint (ECF No. 14) has been screened. 6 DATED: April 22, 2024. 8 AK ° RICHARD F. BOULWARE, II 10 UNITED STATES DISTRICT JUDGE 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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