Debarr v. Carpentar et al

Filing 53

ORDER adopting and accepting 48 Report and Recommendation and granting 35 Motion for Summary Judgment; denying Plaintiff's request for a delay in considering Defendants' motion under FRCivP 56(d); dismissing wit h prejudice Plaintiff's remaining federal claims. The Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims. 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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BRIAN J. DEBARR,

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Plaintiff,
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v.
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TARA CARPENTER, et al.,
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Defendants.
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_____________________________________ )

3:12-cv-00039-LRH-WGC
ORDER

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Before this Court is the Report and Recommendation of U.S. Magistrate Judge William G.

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Cobb (#481) entered on January 13, 2014, recommending granting Defendants’ Motion for Summary

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Judgment (#35) filed on June 10, 2013; denying Plaintiff’s request for a delay in considering the

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motion; dismissing with prejudice Plaintiff’s remaining federal law claims under 42 U.S.C. § 1985 and

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42 U.S.C. § 1986; and declining to exercise supplemental jurisdiction over Plaintiff’s state law claims.

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Plaintiff filed his Objections to Report and Recommendation of United States Magistrate Judge (#51)

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on February 4, 2014, and Defendants filed their Response to Plaintiff's Objections to Report and

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Recommendation of United States Magistrate Judge (#52) on February 18, 2014. This action was

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

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of Practice of the United States District Court for the District of Nevada.

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Refers to court’s docket number.

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The Court has conducted its de novo review in this case, has fully considered the objections of

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the Plaintiff, the response of Defendants, the pleadings and memoranda of the parties and other relevant

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matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B) and Local Rule IB 3-2. The Court

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determines that the Magistrate Judge’s Report and Recommendation (#48) entered on January 13,

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2014, should be adopted and accepted.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#48)

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entered on January, 13, 2014, is adopted and accepted, and Defendants’ Motion for Summary Judgment

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(#35) is GRANTED.

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IT IS FURTHER ORDERED that Plaintiff’s request for a delay in considering Defendants’
motion under Federal Rule of Civil Procedure 56(d) is DENIED.

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IT IS FURTHER ORDERED that Plaintiff’s remaining federal claims under 42 U.S.C. § 1985
and 42 U.S.C. § 1986 are DISMISSED with prejudice.

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The Court hereby DECLINES to exercise supplemental jurisdiction over Plaintiff’s state law
claims.

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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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