Robinson v. Baca et al

Filing 59

ORDER. The Court ADOPTS AND ACCEPTS the 58 Report and Recommendation. Defendants' Motion for Summary Judgment 36 is GRANTED. The Clerk shall enter judgment accordingly. IT IS SO ORDERED. Signed by Judge Howard D. McKibben on 09/15/2010. (Copies have been distributed pursuant to the NEF - MLC)

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Robinson v. Baca et al Doc. 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 The court has considered the report and recommendation of the 18 United States Magistrate Judge (#58) filed on August 25, 2010, in 19 which the Magistrate Judge recommends that this court enter an 20 order granting defendants' motion for summary judgment (#36). 21 Plaintiff opposed the motion for summary judgment (#45), and 22 defendants replied (#53). 23 recommendation have been filed and the time for doing so has 24 expired. 25 the parties and other relevant matters of record and has made a 26 review and determination in accordance with the requirements of 28 27 U.S.C. 636 and applicable case law, and good cause appearing, the 28 1 Dockets.Justia.com UNITED STATES DISTRICT COURT DISTRICT OF NEVADA JERMAINE ROBINSON, ) ) Plaintiff, ) ) vs. ) ) JAMES BACA, et al., ) ) Defendants. ) _________________________________ ) 3:08-cv-00389-HDM-VPC ORDER No objections to the report and The court has considered the pleadings and memoranda of 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 27 28 court hereby ADOPTS AND ACCEPTS the report and recommendation of the United States Magistrate Judge (#58). The court notes that in his opposition to the motion for summary judgment, plaintiff argues that he has been unable to procure affidavits necessary to support his opposition. He therefore asserts that the defendants' motion should be denied pursuant to Fed. R. Civ. P. 56(f). However, plaintiff does not explain how such affidavits Accordingly, would create a genuine issue of material fact. plaintiff's Rule 56(f) argument amounts to a conclusory assertion insufficient to overcome the grant of summary judgment to defendants. Therefore, defendants' motion for summary judgment The clerk of the court shall enter judgment (#36) is GRANTED. accordingly. IT IS SO ORDERED. DATED: This 15th day of September, 2010. ____________________________ UNITED STATES DISTRICT JUDGE 2

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