Barendt v. Gibbons et al

Filing 84

ORDER. IT IS ORDERED that the Magistrate Judge's 80 Report and Recommendation is ADOPTED AND ACCEPTED. IT IS ORDERED AND ADJUDGED that defendants' 44 Motion for Summary Judgment is GRANTED and plaintiff's 43 Motion for Summary Judgment is DENIED. The Clerk shall enter judgment. Signed by Judge Larry R. Hicks on 03/30/2010. (Copies have been distributed pursuant to the NEF - MLC) Modified on 3/30/2010j to reflect entering of judgment. (MLC).

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ***** SABIN GREGORY BARENDT, ) ) Plaintiff, ) ) v. ) ) JIM GIBBONS, et al., ) ) Defendants. ) _____________________________________ )

3:08-cv-00161-LRH-RAM ORDER

Before this Court is Report and Recommendation of U.S. Magistrate Judge Robert A. McQuaid, Jr. (#801 ) entered on February 11, 2010, recommending granting Defendants' Motion for Summary Judgment (#44) filed on July 8, 2009, and denying Plaintiff's Motion for Summary Judgment (#43) filed on July 2, 2009. Plaintiff filed his Objections to Magistrate Judge's Report and Recommendation (#81) on March 2, 2010, Defendants filed their Opposition to Plaintiff's Objections to Magistrate Judge's Report and Recommendation (#82) on March 10, 2010, 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

Refers to court's docket number.

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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 (#80) entered on February 11, 2010, should be adopted and accepted. IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (#80) entered on February 11, 2010, is adopted and accepted, and Defendants' Motion for Summary (#44) is GRANTED and Plaintiff's Motion for Summary Judgment (#43) is DENIED. The Clerk shall enter judgment accordingly. IT IS SO ORDERED. DATED this 30th day of March, 2010.

_______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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