Paterson v. State of Nevada ex rel. Nevada Department of Corrections et al

Filing 102

ORDER - Defendant Eugene Columbus' # 46 Motion for summary judgment and his # 63 Motion to strike plaintiff's # 62 Sur-reply are hereby GRANTED. Signed by Judge Howard D. McKibben on 2/20/2014. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JEFFREY S. PATERSON,

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Plaintiff,
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vs.
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PATTERSON, et al.,
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Defendants.
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_________________________________ )

3:11-cv-00845-HDM-WGC
ORDER

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The court has considered the report and recommendation of the
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United States Magistrate Judge (#66) filed on August 22, 2013, in
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which the magistrate judge recommends granting defendant Eugene
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Columbus’ motion for summary judgment (#46) and motion to strike
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plaintiff’s sur-reply (#63).
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The court has considered the pleadings and memoranda of the
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parties and other relevant matters of record and has made a review
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and determination in accordance with the requirements of 28 U.S.C.
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§ 636 and applicable case law, and the court hereby accepts and
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adopts the report and recommendation of the United States
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Magistrate Judge (#66).
In response to plaintiff’s objections (#71), the court notes

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that plaintiff’s complaint does not assert any claim against

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defendant Columbus based on his status as defendant Patterson’s

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supervisor, nor is there any evidence that supports such a claim.

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Accordingly, defendant Eugene Columbus’ motion for summary

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judgment (#46) and his motion to strike plaintiff’s sur-reply (#63)

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are hereby GRANTED.

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IT IS SO ORDERED.
DATED: This 20th day of February, 2014.

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____________________________
UNITED STATES DISTRICT JUDGE

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