Opinion
3:12-cv-00024-LRH-VPC
03-25-2013
WILLIE T. SMITH, Plaintiff, v. J. BARNETTE; et al., Defendants.
ORDER
Before this Court is the Report and Recommendation of U.S. Magistrate Judge Valerie P. Cooke (#17) entered on July 19, 2012, recommending that the District Judge enter an order enforcing the settlement agreement and dismissing this action with prejudice. Plaintiff filed his Objection to Magistrate Judge's Report and Recommendation (#27) on November 13, 2012. Defendants have not filed a response to Plaintiff's objections. The action was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)B and Local Rule 1B 1-4 of the Rules of Practice of the United States District Court for the District of Nevada.
Refers to court's docket number.
Plaintiff was allowed to file his objections at a later date pursuant to Order # 26, filed October 24, 2012, which re-opened the objection time frame due to a U.S. mail problem.
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The Court has conducted its de novo review in this case, has fully considered Plaintiff's objections, the pleadings and memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B) and Local Rule IB 3-2. The Court determines that the Magistrate Judge's Report and Recommendation (#17) entered on July 19, 2012, should be adopted and accepted.
IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (#17) entered on July 19, 2012, is adopted and accepted, and the Settlement Agreement (#13, Exhibit A) is RATIFIED as a binding settlement agreement, a copy of which is attached hereto;
IT IS FURTHER ORDERED that Defendants shall perform as agreed pursuant to the Settlement Agreement;
IT IS FURTHER ORDERED that this case is DISMISSED with prejudice; and
IT IS FURTHER ORDERED that Defendants' Motion to Enforcement Settlement Agreement (#13) is GRANTED.
IT IS SO ORDERED.
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE