Barren v. Roger et al

Filing 75

ORDER that Magistrate Judge Hoffman's Order 62 is AFFIRMED. Plaintiff's Objections 63 are overruled and Plaintiff's Motion is DENIED. Signed by Judge Roger L. Hunt on 4/23/14. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 *** 10 11 12 13 14 15 16 GREGORY D. BARREN, SR., ) ) Plaintiff, ) ) vs. ) ) DAVID ROGER, OFFICER T. ROBINSON; ) OFFICER R. KENT; OFFICER D. SHANE, ) ) Defendants. ) _______________________________________) Case No.: 2:-11-cv-650-RLH-CWH ORDER (Appeal of Denial of Motion for Expert Witness – #63) 17 Before the Court is Plaintiff Gregory D. Barren, Sr.’s Appeal of Denial of Motion 18 for Expert Witness (#63, Mar. 31, 2014 ). Plaintiff appeals an Order entered by the Honorable 19 Carl Hoffman, (#62, Mar. 28, 2014), denying Plaintiff’s motion to appoint an expert witness. (#58, 20 Mar. 19, 2014). Plaintiff filed his Objection to Judge Hoffman’s Order in accordance with Local 21 Rule IB 3-1 of the Rules of Practice of the United States District Court for the District of Nevada, 22 Defendants Terry Robinson, Raymon Kent, and Donald Shane’s (collectively “Officers”) filed a 23 Response (#70, Apr. 17, 2014), and as LR IB 3-1 does not provide for a reply, this matter was 24 referred for consideration. 25 26 AO 72 (Rev. 8/82) 1 1 The Court has conducted a de novo review of the record in this case in accordance 2 with 28 U.S.C. § 636(b)(1)(A), (B), and (C) and Local Rule IB 3-1 and determines that the Order 3 of Magistrate Judge Hoffman is not clearly erroneous or contrary to law and should be affirmed. 4 IT IS THEREFORE ORDERED that Magistrate Judge Hoffman’s Order (#62) is 5 6 AFFIRMED, Plaintiff’s Objections are overruled, and Plaintiff’s Motion is DENIED. Dated: April 23, 2014. 7 8 ____________________________________ ROGER L. HUNT United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AO 72 (Rev. 8/82) 2

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