Barber v. Williams et al

Filing 9

ORDER Accepting 6 Report and Recommendation. ORDERED that Plaintiff's Eighth Amendment claim against all Defendants, Fourteenth Amendment claim against all Defendants, punitive damages claim against Metro, and claims against the individual d efendants named in their official capacity are hereby DISMISSED with prejudice because Plaintiff failed to state a claim upon which relief can be granted and amendment would be futile. Signed by Judge Gloria M. Navarro on 8/2/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT 1 DISTRICT OF NEVADA 2 3 LARRY BARBER, 4 5 6 7 vs. Plaintiff, STEVE WILLIAMS, et al., Defendants. 8 9 10 11 ) ) ) ) ) ) ) ) ) Case No.: 2:13-cv-00538-GMN-CWH ORDER ACCEPTING REPORT & RECOMMENDATION OF MAGISTRATE JUDGE C.W. HOFFMAN, JR. Before the Court for consideration is the Report and Recommendation (ECF No. 6) of the Honorable C.W. Hoffman, Jr., United States Magistrate Judge, entered July 8, 2013. Pursuant to Local Rule IB 3-2(a), objections were due by July 25, 2013. No objections 12 have been filed. In accordance with 28 U.S.C. § 636(b)(1) and Local Rule IB 1-4, the Court has 13 reviewed the record in this case and has determined that Magistrate Judge Hoffman’s 14 Recommendation should be ACCEPTED. 15 IT IS THEREFORE ORDERED that Plaintiff’s Eighth Amendment claim against all 16 Defendants, Fourteenth Amendment claim against all Defendants, punitive damages claim 17 against Metro, and claims against the individual defendants named in their official capacity are 18 hereby DISMISSED with prejudice because Plaintiff failed to state a claim upon which relief 19 can be granted and amendment would be futile. 20 21 22 DATED this 2nd day of August, 2013. 23 24 25 ________________________________ Gloria M. Navarro United States District Judge

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