Hutchins v. Nevada NDOC et al

Filing 94

ORDER adopting and accepting 93 Report and Recommendation; granting in part and denying in part 73 Motion for Summary Judgment. This case is referred to USMJ Cooke to conduct a settlement conference. If settlement is unsuccessful, proposed joint pretrial order due within 45 days of the unsuccessful settlement conference. Signed by Judge Larry R. Hicks on 01/22/2014. (Copies have been distributed pursuant to the NEF - KR)

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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 (#931) entered on November 27, 2013, recommending granting in part and denying in part

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Defendants’ Motion for Summary Judgment (#73) filed on March 13, 2013. No objection to the Report

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and Recommendation has been filed. The action was referred to the Magistrate Judge pursuant to 28

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U.S.C. § 636(b)(1)B and Local Rule 1B 1-4 of the Rules of Practice of the United States District Court

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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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(#93) entered on November 27, 2013, should be adopted and accepted.

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Refers to court’s docket number.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#93)

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entered on November 27, 2013, is adopted and accepted, and Defendants’ Motion for Summary

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Judgment (#73) is GRANTED in part and DENIED in part as follows:

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(1) Summary judgment is GRANTED in favor of defendants Everett, Cox, Skolnik, Helling,
Benedetti, Bannister and McDaniel;

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(2) Summary judgment is DENIED as to defendants Dr. Gedney and Brooks;

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(3) Summary judgment is GRANTED to the extent Plaintiff seeks to recover monetary

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damages against the remaining defendants in their official capacities;
(4) The request of defendants Everett, Cox, Skolnik, Helling, Benedetti, Bannister and
McDaniel for qualified immunity is DENIED as moot; and

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(5) The request of defendants Dr. Gedney and Brooks for qualified immunity is DENIED

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because of the existence of factual issues which preclude a determination of qualified

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immunity at this time.

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IT IS FURTHER ORDERED that this case is referred to the Honorable Valerie P. Cooke for
the purpose of conducting a settlement conference.

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IT IS FURTHER ORDERED that, if settlement is unsuccessful, the remaining parties shall

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submit their proposed joint pretrial order pursuant to Local Court Rules 16-3 and 16-4 within forty-five

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(45) days of the unsuccessful settlement conference.

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IT IS SO ORDERED.

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DATED this 22nd day of January, 2014.

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_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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