Ocasio v. McDaniel

Filing 100

ORDER ADOPTING AND ACCEPTING 99 Report and Recommendations as modified herein. Ds' 68 Motion for summary judgment is GRANTED. Clerk shall enter judgment accordingly. Signed by Judge Howard D. McKibben on 7/12/2010. (Copies have been distributed pursuant to the NEF - DRM)

Ocasio v. McDaniel

Doc. 100

1 2 3 4 5 6 7 8 9 10 11 12 13 14 The court has considered the report and recommendation of the 15 United States Magistrate Judge (#99) filed on June 15, 2010, in 16 which the magistrate judge recommends that this court enter an 17 order granting defendants' motion for summary judgment (#68). 18 Plaintiff did not file an opposition to the motion for summary 19 judgment, nor did he file any objections to the report and 20 recommendation, and the time for doing so has expired. 21 The court has considered the pleadings and memoranda of the 22 parties and other relevant matters of record and has made a review 23 and determination in accordance with the requirements of 28 U.S.C. 24 § 636 and applicable case law, and good cause appearing, the court 25 hereby 26 1
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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

ALEXANDER OCASIO,

) ) Plaintiff, ) ) vs. ) ) E.K. McDANIEL, et al., ) ) Defendants. ) _________________________________ )

3:08-cv-00441-HDM-RAM ORDER

ADOPTS AND ACCEPTS as modified below the report and recommendation of the United States Magistrate Judge (#99). 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 2 ____________________________ UNITED STATES DISTRICT JUDGE The

court agrees that summary judgment is proper on plaintiff's access to the courts claims. However, plaintiff's complaint also invokes The

due process and equal protection in each of the three counts.

court finds that the substance of plaintiff's complaint goes only to his access to the courts claims, and that nothing in the record supports a claim under either due process or equal protection. Accordingly, to the extent plaintiff's complaint can be read to assert claims for violations of due process and equal protection, those claims are hereby dismissed. The defendants' motion for summary judgment (#68) is GRANTED. The clerk of the court shall enter judgment accordingly. IT IS SO ORDERED. DATED: This 12th day of July, 2010.