Depasquale v. State of Nevada, ex rel. NDOC et al

Filing 66

ORDER adopting Report and Recommendation 63 , and Defendant Robertson's Motion to Dismiss 46 is GRANTED. FURTHER ORDERED that Defendant Robertson is DISMISSED with prejudice. Signed by Judge Larry R. Hicks on 11/28/2012. (Copies have been distributed pursuant to the NEF - HJ)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 ***** 9 10 11 12 13 VINCENT DEPASQUALE, ) ) Plaintiff, ) ) v. ) ) STATE OF NEVADA, et al., ) ) Defendants. ) _____________________________________ ) 3:11-cv-00191-LRH-WGC O RDER 14 15 Before this Court is the Report and Recommendation of U.S. Magistrate Judge William G. 16 Cobb (#631 ) entered on September 18, 2012, recommending granting Defendant Robertson’s Motion 17 to Dismiss (#46) filed on July 6, 2012, and dismissing Defendant Robertson without prejudice. No 18 objection to the Report and Recommendation has been filed. The action was referred to the Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)B and Local Rule 1B 1-4 of the Rules of Practice of the United 20 States District Court for the District of Nevada. 21 The Court has conducted its de novo review in this case, has fully considered the pleadings and 22 memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B) 23 and Local Rule IB 3-2. The Court determines that the Magistrate Judge’s Report and Recommendation 24 (#63) entered on September 18, 2012, should be adopted and accepted. 25 26 1 Refers to court’s docket number. 1 IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#63) 2 entered on September 18, 2012, is adopted and accepted, and Defendant Robertson’s Motion to 3 Dismiss (#46) is GRANTED. 4 IT IS FURTHER ORDERED that Defendant Robertson is DISMISSED without prejudice. 5 IT IS SO ORDERED. 6 DATED this 28th day of November, 2012. 7 8 _______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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