DeNicola v. Women's Specialty Care LLP et al
Filing
15
ORDER adopting 7 Report and Recommendation to Dismiss with Prejudice defendants K. Warren Volker and Tammy Kelly-Layton. Signed by Judge James C. Mahan on 4/24/09. (Copies have been distributed pursuant to the NEF - ASB)
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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
James C. Mahan U.S. District Judge
EVA L. DENICOLA, Plaintiff, v. WOMEN'S SPECIALTY CARE LLP, et al., Defendants.
2:08-CV-1590 JCM (PAL)
ORDER Presently before the court are the magistrate judge's report and recommendation filed on March 30, 2009. Doc. #7. The magistrate judge recommends that defendants K. Warren Volker and Tammy Kelly-Layton be dismissed from the underlying matter because plaintiff has failed to state a claim upon which relief can be granted. Id. Plaintiff was granted thirty (30) days to file an amended complaint with regard to these defendants and failed to do so. See Doc. #2. Local Rule IB 3-2 states that any party wishing to object to the findings and recommendations of a magistrate judge shall, within ten (10) days from the date of service of the findings and recommendations, file and serve specific written objections together with points and authorities in support thereof. This court then conducts a de novo determination of those portions of the specified findings or recommendations to which objections have been made. Here, the plaintiff has not filed any objections to the report and recommendation. Upon review of the magistrate judge's report and recommendations and there being no objections filed,
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IT IS ORDERED, ADJUDGED AND DECREED that the magistrate judge's report and recommendation (Doc. #7) is AFFIRMED in its entirety. IT IS FURTHER ORDERED that defendant K. Warren Volker and defendant Tammy KellyLayton are DISMISSED with prejudice from the current action, 2:08-cv-1590. DATED this 24th day of April, 2009.
UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
James C. Mahan U.S. District Judge
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