Jones v. Skolnik et al

Filing 119

ORDER. IT IS ORDERED that the Magistrate Judge's 109 Report and Recommendation is ADOPTED and ACCEPTED, and Defendants' 39 Motion to Dismiss is GRANTED in part and DENIED as follows: (1) Defendants' Motion to Dismiss count III against Defendant Berry and count IV against Defendant Thackwell is GRANTED, and these claims are DISMISSED with prejudice; (2) Defendants' Motion to Dismiss count I and count IV against Defendant Berry is DENIED. Signed by Judge Larry R. Hicks on 3/30/2012. (Copies have been distributed pursuant to the NEF - KO)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*****

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CHRISTOPHER A. JONES,

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Plaintiff,
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v.
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HOWARD SKOLNIK, et al.,
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Defendants.
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_____________________________________ )

3:10-cv-00162-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 (#1091) entered on February 28, 2012, recommending granting in part and denying in part

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Defendants’ Motion to Dismiss (#39) filed on April 8, 2011. Defendants filed their Partial Objections

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to Magistrate Judge’s Report and Recommendation (#111) on March 13, 2012. Plaintiff filed his

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Response to Defendants’ Partial Objections to Magistrate Judge’s Report and Recommendation (#117)

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on March 29, 2012. This action was referred to the Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 1B 1-4 of the Rules of Practice of the United States District Court for the

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District of Nevada.

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

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objections of the Defendants, Plaintiff’s response to the partial objections, and the pleadings and

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Refers to court’s docket number.

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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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(#109) entered on February 28, 2012, should be adopted and accepted.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation

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(#109) entered on February 28, 2012, is adopted and accepted, and Defendants’ Motion to Dismiss

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(#39) is GRANTED in part and DENIED in part as follows:

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(1)

Defendants’ Motion to Dismiss count III against Defendant Berry and count IV against

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Defendant Thackwell is GRANTED, and these claims are DISMISSED with

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prejudice;

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(2)

Defendants’ Motion to Dismiss count I and count IV against Defendant Berry is
DENIED.

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IT IS SO ORDERED.

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DATED this 30th day of March, 2012.

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_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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