Funches v. McDaniel et al

Filing 33

ORDER. IT IS ORDERED that the Magistrate Judge's Report and Recommendation 32 is ADOPTED AND ACCEPTED. Defenadant's Motion to Dismiss 17 is DENIED. Signed by Judge Larry R. Hicks on 9/13/2011. (Copies have been distributed pursuant to the NEF - MLC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*****

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MARRITTE FUNCHES,

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Plaintiff,
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v.
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ELDON K. MCDANIEL, et al.,
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Defendants.
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_____________________________________ )

3:10-cv-00127-LRH-VPC
ORDER

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Before this Court is the Report and Recommendation of U.S. Magistrate Judge Valerie P.

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Cooke (#321) entered on July 29, 2011, recommending denying Defendant’s Motion to Dismiss (#17)

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filed on February 28, 2011. No objection to the Report and Recommendation has been filed. The

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action was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)B and Local Rule 1B 1-4

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of the Rules of Practice of the United States District Court for the District of Nevada.

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The Court has conducted its de novo review in this case, has fully considered the pleadings and

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memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B)

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and Local Rule IB 3-2. The Court determines that the Magistrate Judge’s Report and Recommendation

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(#32) entered on July 29, 2011, should be adopted and accepted.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#32)

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Refers to court’s docket number.

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entered on July 29, 2011, is adopted and accepted, and Defendant’s Motion to Dismiss (#17) is

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DENIED.

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IT IS SO ORDERED.

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DATED this 13th day of September, 2011.

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_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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