Sloane v. State Of Nevada et al

Filing 107

ORDER adopting and accepting 95 Report and Recommendation; granting in part and denying in part 61 Motion for Summary Judgment; granting 84 Defendant Prince's Motion for Summary Judgment; and denying 67 Motio n to Strike, 78 Motion for Partial Summary Judgment, and 91 Motion to Strike. Parties shall have 30 days to submit proposed joint pre-trial order. Signed by Judge Larry R. Hicks on 1/30/13. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

*****
)
)
Plaintiff,
)
)
3:11-cv-00008-LRH-WGC
v.
)
)
STATE OF NEVADA; et al.,
)
ORDER
)
Defendants.
)
_____________________________________ )
SCOTT SLOANE,

9
10
11
12
13
14

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

15

Cobb (#951 ) entered on October 30, 20122, recommending granting in part and denying in part

16

Defendants Baker, McNeely and Willis’ Motion for Summary Judgment (#61) filed on March 22,

17

2012; granting Defendant Prince’s Motion for Summary Judgment (#84) filed on August 29, 2012;

18

denying Plaintiff’s Motion for Partial Summary Judgment (#78) filed on August 13, 2012; and denying

19

Plaintiff's Motions to Strike (##67, 91) filed on May 23 and September 26, 2012, respectively.

20

Defendants filed their Limited Objection to the Report and Recommendation of the Magistrate Judge

21

(398) on November 13, 2012. Plaintiff filed his Objections to the Magistrate Judge’s Report and

22

Recommendation (#99) on November 16, 2012, his Response to Defendants’ Limited Objection to the

23

Report and Recommendation of The Magistrate Judge (#101) on November 26, 2012, and his Reply

24
1

25
2

26

Refers to court’s docket number.

A corrected image of the Report and Recommendation (#96) was also docketed on October
30, 2012.

1

to Defendants’ Response to Plaintiff’s Objection to Report and Recommendation (#104) on December

2

12, 2012. Defendants filed their Response to Plaintiff's Objection to Report and Recommendation

3

(#102) on November 28, 2012. Plaintiff also filed an Errata (#103) to his Response to Defendants’

4

Limited Objection to the Report and Recommendation of The Magistrate Judge on November 29,

5

2012. This matter was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local

6

Rule 1B 1-4 of the Rules of Practice of the United States District Court for the District of Nevada.

7

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

8

the Plaintiff and Defendants, the responses of Plaintiff and Defendants, the pleadings and memoranda

9

of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B) and Local

10

Rule IB 3-2. The Court determines that the Magistrate Judge’s Report and Recommendation (#95)

11

entered on October 30, 2012, should be adopted and accepted.

12

IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#95)

13

entered on October 5, 2012, is adopted and accepted, and Defendants Baker, McNeely and Willis’

14

Motion for Summary Judgment (#61) is DENIED with respect to the Seder supplies aspect of

15

Plaintiff’s First Amendment claim and is GRANTED with respect to the kosher for Passover

16

food aspect of Plaintiff’s First Amendment claim, which involved McNeely only.

17
18
19
20
21
22

IT IS FURTHER ORDERED that Defendant Prince’s Motion for Summary Judgment (#84)
is GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Partial Summary Judgment (#78) and
his Motions to Strike (##67, 91) are DENIED.
IT IS FURTHER ORDERED that the parties shall have thirty (30) days from entry of this order
to submit a proposed joint pre-trial order.

23

IT IS SO ORDERED.

24

DATED this 30th day of January, 2013.

25

_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

26
2