Larry M. Wisenbaker VS Craig Farwell, et al.

Filing 118

ORDER. IT IS ORDERED that the Magistrate Judge's 108 Report and Recommendation is ADOPTED and ACCEPTED, and D's 79 Motion to Dismiss is DENIED. Signed by Judge Larry R. Hicks on 8/24/2010. (Copies have been distributed pursuant to the NEF - PM)

Larry M. Wisenbaker VS Craig Farwell, et al. Doc. 118 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 26 1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ***** LARRY WISENBAKER, ) ) Plaintiff, ) ) ) v. ) ) CRAIG FARWELL, et al., ) ) Defendants. _____________________________________ ) 3:03-cv-00500-LRH-VPC ORDER Before this Court is the Report and Recommendation of U.S. Magistrate Judge Valerie P. Cooke (#1081) entered on June 7, 2010, recommending denying Defendants' Motion to Dismiss (#79) filed on January 5, 2010. Defendants filed their Objection to Report and Recommendation by U.S. Magistrate Judge Cooke (#111) on July 6, 2010. Plaintiff filed a response (#115) on August 13, 2010. Defendants filed a reply (#117) on August 23, 2010. This action was referred to the Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and LR IB 1-4 of the Local Rules of Practice of the United States District Court for the District of Nevada. The Court has conducted its de novo review in this case, has fully considered the objections of the Defendants, 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 Refers to court's docket number. Dockets.Justia.com 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 26 Magistrate Judge's Report and Recommendation (#108) entered on June 7, 2010, should be adopted and accepted. IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (#108) entered on June 7, 2010, is adopted and accepted, and Defendant's Motion to Dismiss (#79) is DENIED. IT IS SO ORDERED. DATED this 24th day of August, 2010. _______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 2