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

Filing 79

ORDER ADOPTING and ACCEPTING Magistrate Judge's 77 Report and Recommendation; GRANTING Defendants' 67 Motion for Summary Judgment. Summary judgment shall be entered in favor of Defendants. Signed by Judge Larry R. Hicks on 06/29/2013. (Copies have been distributed pursuant to the NEF - KR)

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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 ORDER 14 15 Before this Court is the Report and Recommendation of U.S. Magistrate Judge William G. 16 Cobb (#771) entered on May 23, 2013, recommending granting Defendants’ Motion for Summary 17 Judgment (#67) filed on December 7, 2012. No objection to the Report and Recommendation has been 18 filed. The action was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)B and Local 19 Rule 1B 1-4 of the Rules of Practice of the United States District Court for the District of Nevada. 20 The Court has conducted its de novo review in this case, has fully considered the pleadings and 21 memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B) 22 and Local Rule IB 3-2. The Court determines that the Magistrate Judge’s Report and Recommendation 23 (#77) entered on May 23, 2013, should be adopted and accepted. 24 /// 25 26 1 Refers to court’s docket number. 1 IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#77) 2 entered on May 23, 2013, is adopted and accepted, and Defendants’ Motion for Summary Judgment 3 (#67) is GRANTED. 4 IT IS FURTHER ORDERED that summary judgment shall be entered in favor of Defendants. 5 IT IS SO ORDERED. 6 DATED this 29th day of June, 2013. 7 8 9 _______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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