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Mize v. United States

United States District Court, D. Nevada

January 29, 2015

JAMES KENNEHT MIZE, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

ORDER ACCEPTING REPORT & RECOMMENDATION OF MAGISTRATE JUDGE

RICHARD F. BOULWARE, II, District Judge.

Before the Court for consideration is the Amended Report and Recommendation (ECF No. 4) of the Honorable Cam Ferenbach, United States Magistrate Judge, entered July 29, 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 IB 3-2(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 IB 3-2(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 (1985).

Pursuant to Local Rule IB 3-2(a), objections were due by August 15, 2014. No objections have been filed. The Court has reviewed the record in this case and concurs with Magistrate Judge's recommendation(s) that (ECF No. 4) recommending that Petitioner's (ECF No. 1) Motion/Application for Leave to Proceed in Forma Pauperis be DENIED and Petitioner's (ECF No. 2) Motion for Waiver of the Filing Fee be DENIED.

FURTHER RECOMMENDING that James Kenneth Mize be BARRED from commencing actions in this court, at permitted by 28 U.S.C. § 1915(g).

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 Amended Report and Recommendation (ECF No. 4) is ACCEPTED and ADOPTED in full. (ECF No. 4) Petitioner's (ECF No. 1) MOTION/APPLICATION for Leave to Proceed in Forma Pauperis be DENIED and Petitioner's (ECF No. 2) MOTION for Waiver of the Filing Fee be DENIED and that James Kenneth Mize be BARRED from commencing actions in this court, as permitted by 28 U.S.C.§ 1915(g), unless he has permission from this court to proceed.

The Clerk shall enter judgment accordingly and close case.


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