Matthews v. State of Nevada Legislature

Filing 141

ORDER: IT IS ORDERED that the Magistrate Judges Report and Recommendation (# 133 ) entered on December 29, 2009, is adopted and accepted, and Defendant Englishs Motion to Dismiss (# 101 ), Defendant Curtiss Motion to Dismiss (# 103 ), and Defendant Gillespies Motion to Dismiss (# 113 ) are GRANTED. IT IS FURTHER ORDERED that Plaintiffs Motion for Summary Judgment (# 108 ) and Plaintiff's request to treat the motion as a cross motion for summary judgment (# 119 ) are DENIED as moot. 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) Modified on 3/30/2010 (BLG).

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ***** FELTON L. MATTHEWS, JR., ) ) Plaintiff, ) ) v. ) ) STATE OF NEVADA LEGISLATURE, et al., ) ) Defendants. ) _____________________________________ )

3:08-cv-00387-LRH-VPC ORDER

Before this Court is Report and Recommendation of U.S. Magistrate Judge Valerie P. Cooke (#1331) entered on December 29, 2009, recommending granting Defendant English's Motion to Dismiss (#101), filed on July 30, 2009; granting Defendant Curtis's Motion to Dismiss (#103), filed August 5, 2009; granting Defendant Gillespie's Motion to Dismiss (#113), filed August 21, 2009, and denying as moot Plaintiff's Motion for Summary Judgment (#108) filed on August 7, 2009, and Plaintiff's Request to Treat Motion for Summary Judgment as a Cross-Motion for Summary Judgment (#119) filed on August 27, 2009. Plaintiff filed his Objections to Magistrate's Report and

Recommendation (#134) on January 11, 2010; Defendant English filed her Response to Plaintiff's Objections to Magistrate Judge's Report and Recommendation (#135) on January 28, 2010; Defendant Gillespie filed his Opposition to Plaintiff's Objections to the Report and Recommendations (#136) on

Refers to court's docket number.

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January 28, 2010, and Plaintiff filed on February 4, 2010, his reply to Defendant English's response to Plaintiff's objections to the Report and Recommendation (#137) and Judicial Notice Regarding Recent Full Classification at NDOC-ESP Max (#139) on March 1, 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 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 (#133) entered on December 29, 2009, should be adopted and accepted. IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (#133) entered on December 29, 2009, is adopted and accepted, and Defendant English's Motion to Dismiss (#101), Defendant Curtis's Motion to Dismiss (#103), and Defendant Gillespie's Motion to Dismiss (#113) are GRANTED. IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment (#108) and Plaintiff's request to treat the motion as a cross motion for summary judgment (#119) are DENIED as moot. IT IS SO ORDERED. DATED this 30th day of March, 2010.

_______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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