McDowell, Jr. v. Remington et al

Filing 89

ORDER ADOPTING AND ACCEPTING 86 Magistrate Judge's Report and Recommendation. IT IS HEREBY ORDERED that Defendant's 75 Motion for Summary Judgment is DENIED. Signed by Judge Larry R. Hicks on 3/5/2011. (Copies have been distributed pursuant to the NEF - KO)

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McDowell, Jr. v. Remington et al Doc. 89 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 1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ***** TOMMIE LEE MCDOWELL JR., ) ) ) Plaintiff, ) ) v. ) ) RICHARD RIMINGTON, ) ) Defendant. _____________________________________ ) 3:09-cv-00315-LRH-VPC ORDER Before this Court is the Report and Recommendation of U.S. Magistrate Judge Valerie P. Cooke (#861) entered on February 8, 2011, recommending denying Defendant's Motion for Summary Judgment (#75) filed on November 15, 2010. No objection to the Report and Recommendation has been filed. The action was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)B and Local Rule 1B 1-4 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 pleadings and memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B) and Local Rule IB 3-2. The Court determines that the Magistrate Judge's Report and Recommendation (#86) entered on February 8, 2011, should be adopted and accepted. Refers to court's docket number. Dockets.Justia.com 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 IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (#86) entered on February 8, 2011, is adopted and accepted, and Defendant's Motion for Summary Judgment (#75) is DENIED. IT IS SO ORDERED. DATED this 5th day of March, 2011. _______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 2

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