Knox v. Arguello et al

Filing 39

ORDER ADOPTING AND ACCEPTING the # 38 Report and Recommendation of the United States Magistrate Judge. Therefore, Ds' # 24 Motion to dismiss is GRANTED, and P's # 12 complaint is DISMISSED WITHOUT PREJUDICE. Signed by Judge Howard D. McKibben on 7/8/2011. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 11 12 13 MONTENEQUE NAKIA KNOX, ) ) Plaintiff, ) ) vs. ) ) TABITHA CREON, et al., ) ) Defendants. ) _________________________________ ) 3:09-cv-559-HDM (RAM) ORDER 14 The court has considered the report and recommendation of the 15 United States Magistrate Judge (#38) filed on June 1, 2011, in 16 which the Magistrate Judge recommends that this court grant 17 defendants’ motion to dismiss (#24). Plaintiff opposed (#31, 33, 18 and 34), and defendants replied (#32, 35, and 36). No objections 19 to the report and recommendation have been filed, and the time for 20 filing any objections 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. Good cause appearing, the court 25 hereby 26 1 ADOPTS AND ACCEPTS the report and recommendation of the United States Magistrate Judge (#38).1 Therefore, defendants’ motion to 1 dismiss (#24) is GRANTED, and plaintiff’s complaint (#12) is 2 DISMISSED WITHOUT PREJUDICE. 3 It is so ORDERED. 4 DATED: This 8th day of July, 2011. 5 6 ____________________________ UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 The report should reflect that plaintiff alleges his rights were violated on the amended dates of February 9, April 7, and May 25, 2009 instead of March 14, March 28, and April 23, 2009 set forth in the Report and Recommendation. 2

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