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Lassetter v. Patterson

United States District Court, D. Nevada

November 21, 2014

BRIAN LASSETTER, Plaintiff,
v.
PATTERSON et al, Defendants

Brian Lassetter, Plaintiff, Pro se, Las Vegas, NV.

ORDER ACCEPTING REPORT & RECOMMENDATION OF MAGISTRATE JUDGE PEGGY A. LEEN

RICHARD F. BOULWARE, II, United States District Judge.

Before the Court for consideration is the Report and Recommendation (ECF No. 4) of the Honorable Peggy A. Leen, United States Magistrate Judge, entered October 7, 2014.

A district court " may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. § 636(b)(1). A party may file specific written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 636(b)(1); Local Rule IB3-2(a). When written objections have been filed, the district court is required to " make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1); see also Local Rule IB3-2(b). Where a party fails to object, however, a district court is not required to conduct " any review, " de novo or otherwise, of the report and recommendations of a magistrate judge. Thomas v. Arn, 474 U.S. 140, 149, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985).

Pursuant to Local RuleIB 3-2(a), objections were due by October 24, 2014. No objections have been filed. The Court has reviewed the record in this case and concurs with the Magistrate Judge's recommendation(s) that that Plaintiff's Complaint be Dismissed with prejudice for failure to state a claim upon which relief can be granted. Therefore, the Court has determined that Magistrate Judge's Recommendation should be ACCEPTED and ADOPTED to the extent that it is not inconsistent with this opinion.

IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 4) is ACCEPTED and ADOPTED in full. IT IS HEREBY ORDERED that Plaintiff's Complaint be Dismissed with prejudice for failure to state a claim upon which relief can be granted.

The Clerk shall enter judgment accordingly and close case.


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