Orth v. Balaam et al

Filing 117

ORDER granting in part and denying in part Motions to Dismiss 53 ; 54 ; 71 ; 86 ; adopting Report and Recommendations re 112 Report and Recommendation. Claims in Cts 1,2,4,5,6 are dismissed with prejudice; Defts Riggs, Clifton, Reno PD dismissed; mtns to dismiss Cts 3,7-10 denied. Signed by Judge Larry R. Hicks on 09/22/09. (Copies have been distributed pursuant to the NEF - LG)

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UN ITED STAT ES D ISTR ICT COU RT D ISTR ICT O F N EVADA

1 SEAN RODNEY ORTH , 0

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Plaintiff,

1 DENNIS BALAAM, et al., 3
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Defendants .

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3 : 6 -cv -O O481 -LRH -R kM 0 ORDER

The court has considered the report and recommendation of the

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Un ited States Magistrate Judge ( 11 2 ) filed on August 5, 2009. Before #
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the court is Washoe County defendants' motion to dismiss ( 53) #
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the

City of Reno defendants' motion to dismiss ( 54) and motions to #

dismiss by defendants David Clifton ( 71) and Tammy Riggs ( 86). # #
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Plaintiff has opposed ( s 100, 101, and 102) and Defendants have #
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replied ( s 1O4 and 105) The Magistrate Judge recommends the motions #
22 be granted in part and denied in part .

23 The court has considered the pleadings and memoranda of the 24
par tie s and other relevant matters of record and has made a review and

25 de term in at ion in accordance with the requirements of 28 U .S .C . 5 636
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1 and applicable case law , and good cause appearing , the court hereby 2 ADOPTS AND ACCEPTS the report and recommendatiln of the United

3 States Magistrate Judge ( 112). #

Therefore, defendants' moticns to

4 dismiss ( s 53,54,71 and 86) are granted in part and denied in part #
5 as follows : 6 1. The claims in Counts 1,2,4 ,5 , and 6 are dismissed with

7 prejudice;
8 2. Defendants Riggs , Clifton , and then City oz Reno Police

9 Department are dismissed from the lawsuit ; and 10 11 3 . The motions to dism iss Counts 3 and 7 through 10 are denied . It is so ORDERED .

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DATED : This 22nd day of September , 2009 . 1
D STA TES D IST R ICT JUDG E

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