Hooks v. Bannister et al

Filing 175

ORDER adopting and accepting 163 Report and Recommendation, and granting 75 Motion for Summary Judgment as to all claims except the Eighth Amendment and retaliation claims against Holmes and the retaliation claim against Cruse, which are dismissed without prejudice. Clerk shall enter judgment accordingly. Signed by Judge Robert C. Jones on 7/22/15. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * ** 7 JERRY HOOKS, 8 9 10 11 Plaintiff, v. BRUCE BANNISTER, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CASE NO.: 3:12-CV-00682-RCJ-WGC ORDER 12 The Court has considered the Report and Recommendation of United States Magistrate 13 (ECF #163) entered on June 29, 2015, in which the Magistrate Judge recommends the Court grant 14 Defendants’ Motion for Summary Judgment (ECF #75). The Court has considered the pleadings and 15 memoranda of the parties and other relevant matters of record and has made a review and 16 determination in accordance with the requirements of 28 U.S.C. § 636 and applicable case law, and 17 good cause appearing, the court hereby 18 ADOPTS AND ACCEPTS the Report and Recommendation of the United States 19 Magistrate Judge (ECF #163). 20 IT IS HEREBY ORDERED that Defendants’ Motion for Summary Judgment (ECF #75) 21 is GRANTED as to all claims except for the following, which should be DISMISSED WITHOUT 22 PREJUDICE as a result of Plaintiff’s failure to exhaust his administrative remedies: The Eighth 23 Amendment and retaliation claims against Holmes and the retaliation claim against Cruse. The Clerk 24 of the Court shall enter judgment accordingly. 25 IT IS SO ORDERED this 22nd day of July, 2015. 26 _______________________________ ROBERT C. JONES UNITED STATES DISTRICT JUDGE

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