O'Neal v. Zurich Insurance Company Inc.

D. Nevada

O'Neal v. Zurich Insurance Company Inc.

District Court, D. Nevada·Decided July 2, 2020·No. 2:18-cv-01677·Unknown

Opinion

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WENDELL DWAYNE O’NEAL, et al., Case No. 2:18-cv-01677-RFB-BNW

Plaintiff, ORDER v.

et al., Defendants. Before the Court for consideration is the Report and Recommendation [ECF No. 7] of the Honorable Brenda N. Weksler, United States Magistrate Judge, entered September 10, 2019. 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 September 24, 2019. No objections have been filed. The Court has reviewed the record in this case and concurs with the Magistrate Judge’s recommendations. . . . 1 IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 7] is ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED that Plaintiff’s complaint (ECF No. 1-1) is DISMISSED without prejudice in order for Plaintiff (1) to file an amended complaint solely on his own behalf, and/or (2) to retain an attorney to represent Thirteenth Dimension, who should determine what claims, if any, to pursue on behalf of Thirteenth Dimension. IT IS FURTHER ORDERED that Plaintiff's Motion for Leave to File Amended Complaint (ECF No. 9) is granted. Plaintiff shall have until July 31, 2020 to file his amended complaint. The Clerk’s Office shall file Plaintiffs [ECF No. 9-1] Amended Complaint. DATED: July 2, 2020. RICHARD FVBOULWARE, II UNITED STATES DISTRICT JUDGE

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* * *

WENDELL DWAYNE O’NEAL, et al., Case No. 2:18-cv-01677-RFB-BNW

Plaintiff, ORDER v.

et al., Defendants. Before the Court for consideration is the Report and Recommendation [ECF No. 7] of the Honorable Brenda N. Weksler, United States Magistrate Judge, entered September 10, 2019. 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 September 24, 2019. No objections have been filed. The Court has reviewed the record in this case and concurs with the Magistrate Judge’s recommendations. . . . 1 IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 7] is ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED that Plaintiff’s complaint (ECF No. 1-1) is DISMISSED without prejudice in order for Plaintiff (1) to file an amended complaint solely on his own behalf, and/or (2) to retain an attorney to represent Thirteenth Dimension, who should determine what claims, if any, to pursue on behalf of Thirteenth Dimension. IT IS FURTHER ORDERED that Plaintiff's Motion for Leave to File Amended Complaint (ECF No. 9) is granted. Plaintiff shall have until July 31, 2020 to file his amended complaint. The Clerk’s Office shall file Plaintiffs [ECF No. 9-1] Amended Complaint. DATED: July 2, 2020. RICHARD FVBOULWARE, II UNITED STATES DISTRICT JUDGE

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O'Neal v. Zurich Insurance Company Inc., (D. Nev. 2020).

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