Stroup v. Martin et al

Filing 48

ORDER ADOPTING AND ACCEPTING 43 Report and Recommendation and GRANTING 17 MOTION for Summary Judgment. Signed by Judge Howard D. McKibben on 9/10/12. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BOBBY J. STROUP,

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Plaintiff,

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vs.

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MARJORIE HECKER, T. JONES,
GREGORY MARTIN,

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Defendants.
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3:10-cv-00562-HDM-WGC
ORDER

Before the court is the report and recommendation of the

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United States Magistrate Judge (#43), filed on June 7, 2012.

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the report and recommendation, the magistrate judge recommends that

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this court enter an order granting the defendants’ motion for

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summary judgment (#17).

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responded (#47).1

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In

Plaintiff objected (#46) and defendants

The court has considered the pleadings and memoranda of the

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In addition to plaintiff’s objections to the magistrate judge’s reasoning
in recommending that this court grant defendants’ motion for summary judgment,
plaintiff objected to magistrate judge’s citations to plaintiff’s medical records.
(#46, p. 3). This court rejects plaintiff’s objection. Plaintiff’s claim placed
his medical condition at issue and plaintiff’s medical records are the direct
evidence of plaintiff’s claim. Nevertheless, the records themselves remain sealed
despite plaintiff’s claim that they have been improperly published.

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parties and other relevant matters of record.

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and determination in accordance with the requirements of 28 U.S.C.

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§ 636 and applicable case law.

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hereby accepts and adopts the report and recommendation of the

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magistrate judge.

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Marjorie Hecker, T. Jones, and Gregory Martin, for summary judgment

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(#17) is GRANTED.

It has made a review

Based on this review, the court

Accordingly, the motion of the defendants,

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IT IS SO ORDERED.

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DATED: This 10th day of September, 2012.

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____________________________
UNITED STATES DISTRICT JUDGE

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