Strohmeyer v. Belanger et al

Filing 374

ORDER - United States Magistrate Judge Cobb's Report and Recommendation (ECF No. 371 ) is adopted and accepted. Plaintiff's Cross-Motion for Summary Judgment (ECF No. 355 ) is stricken. Doe Defendants are dismissed w ithout prejudice. Defendants' Motion for Summary Judgment (ECF No. 337 ) is granted. Defendants' Motion for Leave to File Under Seal (ECF No. 338 ) is granted. Plaintiff's Motion for Partial Summary Judgment (ECF No. [3 43]) is denied. This Court declines to exercise supplemental jurisdiction over the remaining state law deprivation of property claims in Count XII and the assault and battery claims in Count XV. Plaintiff's Motion for Leave to File Excess Pages (ECF No. 372 ) is granted. Signed by Judge Robert C. Jones on 3/22/2021. (Copies have been distributed pursuant to the NEF - AB)

Case 3:14-cv-00661-RCJ-WGC Document 374 Filed 03/22/21 Page 1 of 2

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UNITED STATES DISTRICT CCOURT

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DISTRICT OF NEVADA

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JEREMY STROHMEYER,
Plaintiff,

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vs.

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K. BELANGER, et al.,

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Defendants.

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Case No.: 3:14-CV-00661-RCJ-WGC
ORDER ADOPTING AND ACCEPTING
REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
(ECF NO. 371)

Before the Court is the Report and Recommendation of United States Magistrate Judge
William G. Cobb (ECF No. 371 1) entered on March 3, 2021, recommending that the Court grant
Defendants’ Motion for Summary Judgment (ECF No. 337). On March 19, 2021, Plaintiff filed
his Objections to Magistrate Judge’s Report and Recommendation (ECF No. 373).
This action was referred to Magistrate Judge Cobb under 28 U.S.C. § 636(b)(1)(B) and
Local Rule IB 1-4 of the Rules 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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Case 3:14-cv-00661-RCJ-WGC Document 374 Filed 03/22/21 Page 2 of 2

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The Court has conducted its de novo review in this case, has fully considered the
pleadings and memoranda of the parties including the parties’ objections to the Report and
Recommendation and other relevant matters to 28 U.S.C. § 636(b)(1)(B) and Local Rule IB 3-2.
IT IS HEREBY ORDERED that United States Magistrate Judge Cobb’s Report and
Recommendation (ECF No. 371), shall be ADOPTED and ACCEPTED.
IT IS HEREBY ORDERED that Plaintiff’s Cross-Motion for Summary Judgment (ECF
No. 355) is STRICKEN.
IT IS FURTHER ORDERED that Doe Defendants are DISMISSED WITHOUT
PREJUDICE.
IT IS FURTHER ORDERED that Defendants’ Motion for Summary Judgment (ECF
No. 337) is GRANTED.
IT IS FURTHER ORDERED that Defendants’ Motion for Leave to File Under Seal
(ECF No. 338) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Partial Summary Judgment
(ECF No. 343) is DENIED.
IT IS FURTHER ORDERED that this Court DECLINES to exercise supplemental
jurisdiction over the remaining state law deprivation of property claims in Count XII and the
assault and battery claims in Count XV.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Leave to File Excess Pages
(ECF No. 372) is GRANTED.
IT IS SO ORDERED.
Dated this 22ND day of March, 2021.

_____________________________
ROBERT C. JONES
United States District Judge

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