Burriola et al v. Baca et al

Filing 58

ORDER APPROVING AND ADOPTING 52 Report and Recommendation. FURTHER ORD Ds' Motion 27 MOTION for Partial Dismissal is GRANTED in part and DENIED in part as specified herein. ( see pdf order for specifics ) Signed by Judge Edward C. Reed, Jr on 7/13/2009. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA RENO, NEVADA ANTHONY J. BURRIOLA, MARLA A. POLSON, ) ) Plaintiffs, ) ) vs. ) ) STATE OF NEVADA, et al., ) ) Defendants. ) ________________________________________) PRESENT: Deputy Clerk: EDWARD C. REED, JR. COLLEEN LARSEN Reporter: 3:08-CV-00149-ECR-RAM MINUTES OF THE COURT July 13, 2009 U. S. DISTRICT JUDGE NONE APPEARING Counsel for Plaintiff(s) Counsel for Defendant(s) MINUTE ORDER IN CHAMBERS NONE APPEARING NONE APPEARING On May 7, 2008, the Magistrate Judge filed a Report and Recommendation (#52). On June 24, 2008, Plaintiff Anthony J. Burriola filed Objections (#56) to the Report and Recommendation (#52). The Objections (#56) are without merit. IT IS, THEREFORE, HEREBY ORDERED that the Report and Recommendation (#52) of the Magistrate Judge is APPROVED and ADOPTED. IT IS FURTHER ORDERED that Defendants' Motion for Partial Dismissal (#27) is GRANTED in part and DENIED in part as follows: Plaintiff Polson is DISMISSED from the complaint without prejudice. The Motion to Dismiss Counts 3, 6, and 9 based on the failure to exhaust administrative remedies is GRANTED without prejudice. The Motion to Dismiss the claims arising under NRS 197.200 and 200.571 in Counts 1, 2, 4, 5, 7, and 8 is GRANTED with prejudice. The Motion to Dismiss the claims arising under NRS 200.575 in Counts 4, 5, and 7 is GRANTED with prejudice. The Motion to Dismiss the claims arising under NRS 233B in Counts 1, 2, 4, 5, and 8 is GRANTED with prejudice. The Motion to Dismiss the claim arising under NRS 200.2483 in Count 8 is GRANTED with prejudice. The Motion to Dismiss the claims arising under Article I, Sections 2 and 10 of the Nevada Constitution in Counts 1, 2, 4, 5, 7, and 8 is GRANTED with prejudice. The Motion to Dismiss the claims arising under the Sixth Amendment of the U. S. Constitution in Counts 2, 4, 5, 7, and 8 is GRANTED with prejudice. The Motion to Dismiss the claims arising under the Eighth Amendment and Article I, Section 6, of the Nevada Constitution in Counts 1 and 2 is GRANTED with prejudice. The Motion to Dismiss the claims arising under the Fourteenth Amendment in Count 4 is GRANTED with prejudice. LANCE S. WILSON, CLERK By /s/ Deputy Clerk 2

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