Stevens v. Palmer

Filing 76

ORDER adopting and accepting 74 Report and Recommendation and granting in part and denying in part 48 Motion for Summary Judgment; denying 68 Motion for Summary Judgment. This case is referred to the Honorable Valerie P. Cooke for the purpose of conducting a settlement conference. If settlement is unsuccessful, the remaining parties shall submit their proposed joint pretrial order within 45 days of the unsuccessful settlement conference. Signed by Judge Larry R. Hicks on 03/06/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*****

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COUNTRY JOE STEVENS,

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Plaintiff,
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v.
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ALYSON JUNGEN; et al.,
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Defendants.
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_____________________________________ )

3:11-cv-00558-LRH-VPC
ORDER

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Before this Court is the Report and Recommendation of U.S. Magistrate Judge Valerie P.

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Cooke (#741) entered on February 4, 2014, recommending granting in part and denying in part

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defendants Corzine’s and Rexwinkel’s Motion for Summary Judgment (#48) filed on January 14, 2013,

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and denying defendant Rexwinkel’s second Motion for Summary Judgment (#68) filed on September

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26, 2013. Plaintiff filed his Non-Opposition to Report and Recommendation of U.S. Magistrate Judge

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(#75) on February 7, 2014. Defendants have not filed a response. This action was referred to the

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 1B 1-4 of the Rules of Practice of

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the United States District Court for the District of Nevada.

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The Court has conducted its de novo review in this case, has fully considered the non opposition

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of Plaintiff, the pleadings and memoranda of the parties and other relevant matters of record pursuant

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to 28 U.S.C. § 636 (b) (1) (B) and Local Rule IB 3-2. The Court determines that the Magistrate

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Refers to court’s docket number.

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Judge’s Report and Recommendation (#74) entered on February 4, 2014, should be adopted and

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accepted.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#74)

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entered on February 4, 2014, is adopted and accepted, and defendants Corzine’s and Rexwinkel’s

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Motion for Summary Judgment (#48) is GRANTED in part and DENIED in part as follows:

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(1) Defendants’ request to dismiss defendant Rexwinkel for lack of personal participation is
DENIED;
(2) Defendant Corzine’s Motion for Summary Judgment is GRANTED as to Plaintiff’s First
Amendment retaliation claims;
(3) Defendant Corzine’s Motion for Summary Judgment is GRANTED as to Plaintiff’s Eighth
Amendment deliberate indifference claim; and
(4) Defendant Corzine’s Motion for Summary Judgment is GRANTED as to Plaintiff’s
Fourteenth Amendment equal protection claim.
IT IS FURTHER ORDERED that defendant Rexwinkel’s second Motion for Summary
Judgment (#68) is DENIED.
IT IS FURTHER ORDERED that this case is referred to the Honorable Valerie P. Cooke for
the purpose of conducting a settlement conference.

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IT IS FURTHER ORDERED that, if settlement is unsuccessful, the remaining parties shall

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submit their proposed joint pretrial order pursuant to Local Court Rules 16-3 and 16-4 within forty-five

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(45) days of the unsuccessful settlement conference.

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IT IS SO ORDERED.

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DATED this 6th day of March, 2014.

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_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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