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

Filing 36

ORDER adopting and accepting 31 Report and Recommendation and granting 22 DEFENDANTS' MOTION TO DISMISS COUNT II OF PLAINTIFF'S AMENDED COMPLAINT. Further, defendants Adolph Stankus and Patterson are dismissed without prejudice. Signed by Judge Howard D. McKibben on 12/17/12. (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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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 (#131) filed on September 18, 2012,
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in which the magistrate judge recommends granting the defendants’
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motion to dismiss (#22) and dismissing without prejudice the two
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unserved defendants, Adolph Stankus and Patterson.

No objections

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to the report and recommendation have been filed, and the time for
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doing so has expired.1
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The court has considered the pleadings and memoranda of the
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As of this date, plaintiff has not filed any objections despite
receiving an extension of time to November 15, 2012, in which to do so.

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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 (#31).

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Accordingly, the defendants’ motion to dismiss Count II of

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plaintiff’s complaint (#22) is hereby GRANTED, and Count II of

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plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE.

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unserved defendants Adolph Stankus and Patterson are DISMISSED

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WITHOUT PREJUDICE.

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IT IS SO ORDERED.

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DATED: This 17th day of December, 2012.

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____________________________
UNITED STATES DISTRICT JUDGE

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Further, the