Mendoza v. Warm Springs Prison

Filing 42

ORDERED that the Magistrate Judge's # 40 Report and Recommendation, is adopted and accepted, and Defendant's # 26 Motion to Dismiss is GRANTED. Signed by Judge Larry R. Hicks on 2/23/2011. (Copies have been distributed pursuant to the NEF - DRM)

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Mendoza v. Warm Springs Prison Doc. 42 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 ***** ELISANDRO MENDOZA ) ) ) Plaintiff, ) ) v. ) ) STEFANIE HUMPHREY, et al., ) ) Defendants. _____________________________________ ) 3:09-cv-00717-LRH-VPC ORDER Before this Court is the Report and Recommendation of U.S. Magistrate Judge Valerie P. Cooke (#401) entered on January 25, 2011, recommending granting Defendants' Motion to Dismiss (#26) filed on September 2, 2010. Plaintiff did not file an objection. 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 (#40) entered on January 25, 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 (#40) entered on January 25, 2011, is adopted and accepted, and Defendant's Motion to Dismiss (#26) is GRANTED. IT IS SO ORDERED. DATED this 23rd day of February, 2011. _______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 2

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