Tibbetts v. District Court Family Division et al

Filing 3

ORDER Affirming and Adopting 2 Report and Recommendation, Granting 1 Motion/Application for Leave to Proceed in forma pauperis, and Dismissing Complaint. Signed by Judge Robert C. Jones on 3/4/09. (Copies have been distributed pursuant to the NEF - ASB)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. T A I LOYD TIBBETTS, U N I T E D STATES DISTRICT COURT D I S T R I C T OF NEVADA ) ) P la in tif f , ) ) vs. ) ) D IS T R IC T COURT FAMILY DIVISION, ) C L A R K COUNTY, NEVADA et al., ) ) D e f e n d a n ts . ) ) 2 :0 8 -c v -0 1 5 9 3 -R C J -P A L ORDER B e f o re the Court for consideration is the Order and Report of Findings of Fact and R e c o m m e n d a tio n of Magistrate Judge Peggy A. Leen, entered January 27, 2009 (#1). No o b je c tio n s have been filed. T h e Court has conducted a review of the record in this case and determines that th e Order and Report of Findings of Fact and Recommendation (#2) of the United States M a g is tra te Judge entered January 27, 2009, should be affirmed. IT IS THEREFORE ORDERED Magistrate Judge Leen's Order and Report of F in d in g s of Fact and Recommendation (#2) be affirmed and adopted, and that: 1. P la in tif f 's In Forma Pauperis (#1) shall be GRANTED and Plaintiff shall n o t be required to pre-pay the full filing fee of $350.00; and T h e Order granting forma pauperis status shall not extend to the issuance o f subpoenas at government expense. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IT IS FURTHER ORDERED that Plaintiff's Complaint shall be DISMISSED for f a ilu re to state a claim upon which relief can be granted. D A T E D : March 4, 2009 ____________________________________ U N IT E D STATED DISTRICT COURT Page 2 of 2

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