Capri v. Cox et al

Filing 93

ORDER adopting and accepting 79 Report and Recommendation; granting Defendants' 66 Motion for Summary Judgment; dismissing Count III; denying as moot 70 Motion to Dismiss Defendant Gedney; granting nunc p ro tunc 78 Motion for Leave to File a Sur-Reply; granting 84 Motion for Leave to File Exhibit B Under Seal; denying as moot 88 Motion for Extension of Time to Respond to Defendants' Opposition; directing Clerk to enter judgment accordingly and close this case. Signed by Judge Robert C. Jones on 10/31/2014. (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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RICHARD CAPRI,

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CASE NO.: 3:12-CV-00417-RCJ-VPC
Plaintiff,
ORDER

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v.

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JAMES COX, et al.,

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Defendants.
___________________________________

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Before the Court is the Report and Recommendation of U.S. Magistrate Judge (#791) entered on

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July 1, 2014, recommending that Defendants’ Motion for Summary Judgment (#66) be granted.

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Plaintiff filed his Objection to the Report and Recommendation (#83) on August 26, 2014, and

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Defendants’ filed their Opposition to Plaintiff’s Objections to the Report and Recommendation (#85)

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on September 5, 2014.

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

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the Plaintiff, the pleadings and memoranda of the parties and other relevant matters of record 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 Judge’s

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Report and Recommendation (#79) entered on July 1, 2014, should be adopted and accepted.

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IT IS HEREBY ORDERED that the Magistrate Judge’s Report and Recommendation (#79) is
ADOPTED AND ACCEPTED,

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IT IS FURTHER ORDERED that Defendants’ Motion for Summary Judgment (#66) is

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GRANTED.

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///

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///

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Refers to court’s docket number.

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IT IS FURTHER ORDERED that Count III is DISMISSED.

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IT IS FURTHER ORDERED that Plaintiff’s Motion to Dismiss Defendant Gedney (#70) is

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DENIED as MOOT.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Leave to file a Sur-Reply (#78) is
GRANTED NUNC PRO TUNC.
IT IS FURTHER ORDERED that Defendants’ Motion for Leave to File Exhibit B Under Seal
(#84) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Extension of Time to Respond to
Defendants’ Opposition (#88) is DENIED as MOOT.
IT IS FURTHER ORDERED that the Clerk of the Court enter judgment accordingly and close
this case.

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IT IS SO ORDERED.

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DATED: this 31st day of October, 2014.

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_____________________________________
ROBERT C. JONES