Thomas v. McDaniel et al

Filing 62

ORDER adopting and accepting 56 Report and Recommendation and denying 36 Plaintiff's Motion for Summary Judgment. Signed by Judge Larry R. Hicks on 9/19/13. (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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*****

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MARLO THOMAS,

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Plaintiff,
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v.
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E.K McDANIEL, et al.,
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Defendants.
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_____________________________________ )

3:11-cv-00664-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 (#561 ) entered on July 22, 2013, recommending denying Plaintiff’s Motion for Summary

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Judgment (#36) filed on December 26, 2012. Plaintiff filed his Objections to Magistrate Judge’s

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Report and Recommendation (#57) on August 12, 2013, and Defendants filed their Opposition to

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Plaintiff's Objections to Magistrate Judge’s Report and Recommendation (#60) on September 4, 2013.

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Plaintiff then filed his Response to Defendants’ Opposition to Plaintiff’s Objections to Magistrate

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Judge’s Report and Recommendation (#61) on September 16, 2013.

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This action was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local
Rule 1B 1-4 of the Rules of Practice of the United States District Court for the District of Nevada.
The Court has conducted its de novo review in this case, has fully considered the objections of

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Refers to court’s docket number.

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the Plaintiff, the Defendants’ opposition to Plaintiff’s objections, Plaintiff’s response to Defendants’

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Opposition, the pleadings and memoranda of the parties and other relevant matters of record2 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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Judge’s Report and Recommendation (#56) entered on July 22, 2013, should be adopted and accepted.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#56)

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entered on July 22, 2013, is adopted and accepted, and that Plaintiff’s Motion for Summary Judgment

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(#36) is DENIED.

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IT IS SO ORDERED.
DATED this 19th day of September, 2013.

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_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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The court has not considered declarations and exhibits which constitute evidence not
presented to the Magistrate Judge.
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