Osborne v. Duestch et al, No. 2:2007cv00922 - Document 14 (D. Nev. 2009)

Court Description: ORDER REGARDING FINDINGS and RECOMMENDATIONS: The 12 Findings and Recommendation are Adopted and Accepted. This action is Dismissed without prejudice. The Clerk shall enter Judgment accordingly. Signed by Judge Larry R. Hicks on 01/12/09. (Copies have been distributed pursuant to the NEF - SRK)

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Osborne v. Duestch et al Doc. 14 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 ***** 9 ROBERT J. OSBORNE, 10 Plaintiff, 11 v. 12 DEPUTY DUESTCH, et al. 13 Defendant. ) ) ) ) ) ) ) ) ) ) 2:07-cv-00922-LRH (GWF) ORDER 14 15 The court has considered the Findings and Recommendations of United States Magistrate 16 Judge George W. Foley, Jr. (#121) entered on December 10, 2008, in which the Magistrate Judge 17 recommends that this action be dismissed without prejudice based on plaintiff’s failure to file a motion 18 identifying the unserved defendants, requesting issuance of summons for the unserved defendants, 19 specifying the full name and addresses of each unserved defendant pursuant to court Order (#3). The 20 Court has considered the pleadings and memoranda and other relevant matters of record and has made 21 a review and determination in accordance with the requirements of 28 U.S.C. § 636 and applicable case 22 law, and good cause appearing, the court hereby 23 /// 24 /// 25 26 1 Refers to court’s docket number. Dockets.Justia.com 1 ADOPTS AND ACCEPTS the Findings and Recommendations of the United States 2 Magistrate Judge (#12); therefore, this action is DISMISSED without prejudice. The Clerk of the 3 Court shall enter judgment accordingly. 4 IT IS SO ORDERED. 5 DATED this 12th day of January, 2009. 6 7 8 9 _______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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