Meeks v. Peterman et al

Filing 42

ORDER DENYING as moot 34 Motion to Strike. Signed by Judge Howard D. McKibben on 9/12/2011. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANDREW L. MEEKS, II,

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Plaintiff,
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vs.
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E. PETERMAN, et al.,
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Defendants.
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_________________________________ )

3:10-cv-00474-HDM-VPC

ORDER

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On May 11, 2011, the magistrate judge entered a report and
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recommendation (#30) granting the defendants’ motion to dismiss
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(#11).

Plaintiff objected to the report and recommendation on May

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26, 2011 (#31).

The defendants’ opposed plaintiff’s objections on

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June 6, 2011 (#32).

On June 15, 2011, this court entered an order

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adopting the magistrate judge’s report and recommendation (#33).
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On June 20, 2011, plaintiff filed a motion to strike the
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defendants’ opposition to his objections to the magistrate judge’s
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report and recommendation (#34).

Defendants’ opposed the motion to

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strike on June 22, 2011 (#35).

Defendants argue the motion to

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strike is moot because the court had already adopted the magistrate

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judge’s report and recommendation.

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Plaintiff did not reply.

On July 13, 2011, plaintiff appealed this court’s order

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adopting the magistrate’s report and recommendation(#36).

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August 10, 2011, plaintiff’s appeal was dismissed for lack of

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jurisdiction (#39).

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(#40).

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2011 (#41).

On

The mandate was filed on September 1, 2011

This court’s order on the mandate was filed on September 6,

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The court having jurisdiction over this action again hereby

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DENIES plaintiff’s motion to strike (#34) as moot having already

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adopted the magistrate judge’s report and recommendation when the

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motion to strike was filed.

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IT IS SO ORDERED.

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DATED: This 12th day of September, 2011.

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____________________________
UNITED STATES DISTRICT JUDGE

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