Hutchins v. Nevada NDOC et al

Filing 44

ORDER. IT IS ORDERED that the 42 R&R is adopted and accepted as follows: 36 motion to file second amend comp is GRANTED. Clerk shall file second amend comp; NDOC is DISMISSED from second amend comp, w/prej; D Jane Doe is DISMISSED from th e second amend comp, w/out prej; Ps state law claims brought under NRS 209.371, NRS 212.020, and NRS 197.200 are DISMISSED from the second amend comp, w/prej; Ds' 22 motion is DENIED as moot; Ds' 23 motion is DENIED as moot; P's [3 9] motion is DENIED as moot; 20 scheduling order is VACATED; Clerk shall ELECTRONICALLY SERVE this Ord and the second amend comp on the AG. AG shall advise court w/in 21 days of entry of this ord whether they can accept svc of process for the named Ds (See ord for specs). Signed by Judge Larry R. Hicks on 3/22/2012. (Copies have been distributed pursuant to the NEF - PM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*****

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TYRONE B. HUTCHINS,

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Plaintiff,
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v.
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NEVADA DEPARTMENT OF
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CORRECTIONS, et al.,
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Defendants.
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_____________________________________ )

3:10-cv-00369-LRH-WGC
ORDER

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Before this Court is the Report and Recommendation of U.S. Magistrate Judge William G.

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Cobb (#421 ) entered on October 5, 2011, recommending granting Plaintiff’s Motion for Leave to File

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Second Amended Complaint (#36) filed on September 6, 2011; denying as moot Plaintiff's Motion to

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Stay Summary Judgment Proceedings (#39) filed on September 26, 2011; and denying as moot

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Defendants’ Motion for Leave to File Confidential Documents in Support of Defendants’ Motion for

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Summary Judgment (#22) and Defendants’ Motion for Summary Judgment (#23), both of which were

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filed on June 7, 2011. Plaintiff filed his Objection to Report and Recommendation by U.S. Magistrate

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Judge (#43) on October 17, 2011. Defendants have not filed an opposition. This matter was referred

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

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

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Refers to court’s docket number.

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

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the Plaintiff, the pleadings and memoranda of the parties and other relevant matters of record pursuant

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to 28 U.S.C. § 636 (b) (1) (B) and Local Rule IB 3-2. The Court determines that the Magistrate

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Judge’s Report and Recommendation (#42) entered on October 5, 2011, should be adopted and

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accepted.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#42)

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entered on October 5, 2011, is adopted and accepted as follows:

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Plaintiff’s Motion for Leave to File Second Amended Complaint (#36) is GRANTED; the
Clerk of the Court shall file the Second Amended Complaint;

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NDOC is DISMISSED from the Second Amended Complaint, with prejudice;

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Defendant Jane Doe is DISMISSED from the Second Amended Complaint, without prejudice;

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Plaintiff’s state law claims brought under NRS 209.371, NRS 212.020, and NRS 197.200 are

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DISMISSED from the Second Amended Complaint, with prejudice;
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Defendants’ Motion for Leave to File Confidential Documents in Support of Defendants’
Motion for Summary Judgment (#22) is DENIED AS MOOT;

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Defendants’ Motion for Summary Judgment (#23) is DENIED AS MOOT;

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Plaintiff’s Motion to Stay Summary Judgment Proceedings (#39) is DENIED AS MOOT;

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The Scheduling Order (#20) is VACATED;

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The Clerk of the Court shall electronically serve a copy of this Order adopting the Report and

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Recommendation, along with a copy of the Second Amended Complaint, on the Office of the

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Attorney General of the State of Nevada, attention Pamela Sharp. The Attorney General shall

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advise the court within twenty-one (21) days of the date of entry of this order whether they can

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accept service of process for the named defendants and the last known address under seal of

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the defendant(s) for which they cannot accept service. If the Attorney General accepts service

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of process for any named defendant(s), such defendant(s) shall file and serve an answer or other

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response to the complaint within thirty (30) days of the date of the notice of acceptance of
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service; and
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Henceforth, Plaintiff shall serve upon defendants or, if an appearance has been made by

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counsel, upon their attorney(s), a copy of every pleading, motion, or other document submitted

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for consideration by the court. Plaintiff shall include with the original paper submitted for filing

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a certificate stating the date that a true and correct copy of the document was mailed to the

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defendant(s) or counsel for defendant(s). If counsel has entered a notice of appearance, all

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papers shall be sent to the address stated therein. The court may disregard any paper received

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by a district judge or a magistrate judge that has not been filed with the Clerk, and any paper

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which fails to include a certificate showing proper service.

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IT IS SO ORDERED.

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DATED this 22nd day of March, 2012.

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_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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