Vaughn v. State of Nevada

District Court, D. Nevada

Vaughn v. State of Nevada

Trial Court Opinion

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4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * * 7 KENNETH VAUGHN, Case No. 2:23-cv-01187-RFB-EJY 8 Plaintiff, ORDER 9 v. 10 STATE OF NEVADA, 11 Defendant. 12

13 Before the Court for consideration is the Report and Recommendation (ECF No. 3) of the 14 Honorable Elayna J. Youchah, United States Magistrate Judge, entered on July 27, 2023. A district 15 court “may accept, reject, or modify, in whole or in part, the findings or recommendations made 16 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 August 10, 2023. No 24 objections have been filed. The Court has reviewed the record in this case and concurs with all the 25 Magistrate Judge’s recommendations. 26

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28 IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 3) is ACCEPTED and ADOPTED in full. 3 IT IS FURTHER ORDERED that Plaintiff's in forma pauperis application (ECF No. 1) ‘ is DENIED as moot. ° IT IS FURTHER ORDERED that Plaintiff's claims against the State of Nevada are 6 DISMISSED with prejudice. The Clerk of Court is instructed to close this matter accordingly. 8 7 DATED: April 22, 2024. 10 " RICHARD F. BOULWARE, II 12 UNITED STATES DISTRICT JUDGE 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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