Young v. McDaniles et al

Filing 39

ORDER adopting and accepting 36 Report and Recommendation, and Ds' 26 Motion for Partial Summary Judgment is GRANTED. FURTHER ORDERED 37 Report and Recommendation is adopted and accepted, and Ds' 24 Motion to Dismiss is GRANTED, and the action is dismissed without prejudice. Clerk shall enter judgment accordingly. Signed by Judge Larry R. Hicks on 2/12/2009. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ***** TERRELL YOUNG, ) ) Plaintiff, ) ) v. ) ) E. K. McDANIEL, et al., ) ) Defendants. ) _____________________________________ ) 3:07-cv-00517-LRH (VPC) ORDER Before this court are two Report and Recommendations of U.S. Magistrate Valerie P. Cooke: 1. Document #361 entered on December 16, 2008, recommending granting Defendants' Motion for Partial Summary Judgment (#26) filed on July 29, 2008; and 2. Document #37 entered on December 16, 2008, recommending granting Defendant's Motion to Dismiss Counts 12, 15, 22, and 45 (#24) filed on July 29, 2008. Plaintiff filed his Objections to Magistrate Judges Report and Recommendations (#38) on January 7, 2009, 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 Refers to court's docket number. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Judge's Report and Recommendation (#36) and Report and Recommendation (#37), each entered on December 16, 2008, should be adopted and accepted. IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (#36) entered on December 16, 2008, is adopted and accepted, and Defendants' Motion for Partial Summary (#26) is GRANTED. IT IS FURTHER ORDERED that the Magistrate Judge's Report and Recommendation (#37) entered on December 16, 2008, is adopted and accepted, and Defendants' Motion to Dismiss Counts 12, 15, 22, and 45 (#24) be GRANTED and the action be dismissed without prejudice. The Clerk of the Court shall enter judgment accordingly. IT IS SO ORDERED. DATED this 12th day of February, 2009. _______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 2

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