Garcia v. Assad, No. 2:2009cv00080 - Document 10 (D. Nev. 2009)

Court Description: ORDER AFFIRMING and ADOPTING Magistrate Judge Foley's 3 6 Findings and Recommendations. Case DISMISSED with prejudice. Signed by Judge Robert C. Jones on 7/2/09. (Copies have been distributed pursuant to the NEF - ECS)
Download PDF
Garcia v. Assad Doc. 10 1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 JUAN CARLOS GARCIA, 6 7 8 9 Plaintiff, vs. GEORGE ASSAD, Defendant. ) ) ) ) ) ) ) ) ) ) 2:09-cv-00080-RCJ-GWF ORDER 10 11 Before the Court for consideration is the Findings and Recommendations (#3) of 12 Magistrate Judge George W. Foley, entered February 20, 2009, and the Findings and 13 Recommendations (#6) of Magistrate Judge George W. Foley, entered April 9, 2009. 14 The Court has conducted a review of the record in this case and determines that 15 the Findings and Recommendations (#3, #6) of the United States Magistrate Judge 16 entered February 23, 2009, should be affirmed. As such, 17 IT IS HEREBY ORDERED that Magistrate Judge Foley’s Finding and 18 Recommendations (#3, #6) be affirmed and adopted and that this action should be 19 DISMISSED WITH PREJUDICE based upon 1) Plaintiff’s failure to submit a 20 completed application and affidavit in support of a request to proceed in forma pauperis; 21 and based upon the extent that 2) Plaintiff’s Motion for an Evidentiary Hearing (#4) and 22 Letter to the Court (#5) were intended to serve as a Complaint. 23 24 DATED: July 2, 2009 ____________________________________ UNITED STATED DISTRICT COURT 25 Dockets.Justia.com