Greene v. Neven et al

Filing 78

ORDER: IT IS ORDERED Magistrate Judges Report and Recommendation (#69) entered on January 26, 2010, is adopted and accepted, andDefendants Motion to Dismiss (#45) is granted with prejudice as to Plaintiffs Fourth Amendment claim and all claims again st Defendants in their official capacity for money damages; all remaining claims are dismissed without prejudice with leave to amend. See Order for Specifics. Signed by Judge Larry R. Hicks on 3/30/10. (Image Attached) (Copies have been distributed pursuant to the NEF - BLG)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ***** DELBERT M. GREENE, ) ) Plaintiff, ) ) v. ) ) DWIGHT NEVEN, et al., ) ) Defendants. ) _____________________________________ )

3:07-cv-00474-LRH-VPC ORDER

Before this Court is Report and Recommendation of U.S. Magistrate Judge Valerie P. Cooke (#691 ) entered on January 26, 2010, recommending granting Defendants' Motion to Dismiss (#45) filed on June 27, 2009. Plaintiff was granted a two-week extension of time to object to the Report and Recommendation (#71) but no objection was filed by either Plaintiff or Defendants, 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 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 Judge's Report and Recommendation (#69) entered on January 26, 2010, should be adopted and accepted.

Refers to court's docket number.

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IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (#69) entered on January 26, 2010, is adopted and accepted, and Defendants' Motion to Dismiss (#45) is granted with prejudice as to Plaintiff's Fourth Amendment claim and all claims against Defendants in their official capacity for money damages; all remaining claims are dismissed without prejudice with leave to amend. IT IS SO ORDERED. DATED this 30th day of March, 2010.

_______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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