Burgess v. Sandaval et al

Filing 100

ORDER DENYING Plaintiff's 59 Motion; ADOPTING and ACCEPTING 88 Report and Recommendation, modified as per this Order. Signed by Judge Larry R. Hicks on 06/29/2013. (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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MARSHALL BURGESS, JR.,

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Plaintiff,
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v.
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BRIAN E. SANDOVAL, et al.,
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Defendants.
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_____________________________________ )

3:12-cv-00085-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 (#881) entered on April 23, 2013, recommending denying Plaintiff’s Emergency Motion to Be

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Able to Make and Be Heard on an Oral TRO/Preliminary Injunction About Prison Condition on

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November 27, 2012 at 1:30 pm (#59) filed on November 16, 2012. No objections to the Report and

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Recommendation were filed. This action was referred to the Magistrate Judge pursuant to 28 U.S.C.

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§ 636(b)(1) and Local Rule 1B 1-4 of the Rules of Practice of the United States District Court for the

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District of Nevada.

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The Court has conducted its de novo review in this case, has fully considered the pleadings and

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memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B)

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and Local Rule IB 3-2. The Court determines that the Magistrate Judge’s Report and Recommendation

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Refers to court’s docket number.

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(#88) entered on April 23, 2013, should be adopted and accepted, with the modification of adding the

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word “not” on page 8, line 7, between the word “has” and the word “provided”.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#88)

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entered on April 23, 2013, is adopted and accepted, and is modified as per this Order, and Plaintiff’s

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Emergency Motion to Be Able to Make and Be Heard on an Oral TRO/Preliminary Injunction About

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Prison Condition on November 27, 2012 at 1:30 pm (#59) is DENIED.

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IT IS SO ORDERED.

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DATED this 29th day of June, 2013.

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_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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