Kevin Fernandez Vs. State of Nevada, et al.

Filing 273

ORDER denying as moot 47 Plaintiff's Motion for TRO; and adopting 107 Report and Recommendation. See order re specifics. Signed by Judge Larry R. Hicks on 3/13/09. (Copies have been distributed pursuant to the NEF - SL)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ***** KEVIN FERNANDEZ, ) ) Plaintiff, ) ) v. ) ) STATE OF NEVADA, et al., ) ) Defendants. ) _____________________________________ )

3:06-cv-00628-LRH-RAM ORDER

Before this Court is Report and Recommendation of U.S. Magistrate Robert A. McQuaid, Jr. (#1071) entered on August 6, 2008, recommending denying Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (#47) filed on February 11, 2008. Plaintiff filed his Objections to Magistrate Judge's Report and Recommendations (#119) on August 19, 2008, and Defendants filed their Response to Plaintiff's Objections to Magistrate Judge's Report and Recommendations on September 4, 2008 (#125), pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 1B 3-2 of the 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 Plaintiff, the pleadings and memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) and Local Rule IB 3-2. The Court determines that the Magistrate

Refers to court's docket number.

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Judge's Report and Recommendation (#107) entered on August 6, 2008, should be adopted and accepted. IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (#107) entered on August 6, 2008, is adopted and accepted, and Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (#47) is moot and is, therefore, DENIED. IT IS SO ORDERED. DATED this 13th day of March, 2009.

_______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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