O'Neal v. Zurich Insurance Company Inc.

• Court: District Court, D. Nevada
• Decided: July 2, 2020
• Docket: 2:18-cv-01677
• Status: Unknown

Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 * * *

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

10 Plaintiff, ORDER 11 v.

12 ZURICH INSURANCE COMPANY, INC., et al., 13 Defendants. 14 15 Before the Court for consideration is the Report and Recommendation [ECF No. 7] of the 16 Honorable Brenda N. Weksler, United States Magistrate Judge, entered September 10, 2019. 17 A district court “may accept, reject, or modify, in whole or in part, the findings or 18 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific 19 written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 20 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is 21 required to “make a de novo determination of those portions of the report or specified proposed 22 findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local 23 Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct 24 “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge. 25 Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due 26 by September 24, 2019. No objections have been filed. The Court has reviewed the record in this 27 case and concurs with the Magistrate Judge’s recommendations. 28 . . . 1 IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 7] is 2 | ACCEPTED and ADOPTED in full. 3 IT IS FURTHER ORDERED that Plaintiff’s complaint (ECF No. 1-1) is DISMISSED 4| without prejudice in order for Plaintiff (1) to file an amended complaint solely on his own behalf, 5 | 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. 7 IT IS FURTHER ORDERED that Plaintiff's Motion for Leave to File Amended 8 | 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. 10 DATED: July 2, 2020. 12 13 RICHARD FVBOULWARE, II UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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