Franklin v. Arguello et al

Filing 133

IT IS HEREBY ORDERED that Judge Cobb's Report and Recommendation (ECF No. 129 ), is ADOPTED and ACCEPTED : Plaintiff's Motion for Summary Judgment (ECF No. 112 ) as to Counts I, II, IV and V are DENIED. Defendant M urguia's Motion for Summary Judgment (ECF No. 113 ) as to Counts I and II are GRANTED. Baker's Motion for Summary Judgment (ECF No. 113 ) as to Counts IV and V are DENIED. Defendants' Motion for Summary Judg ment insofar as Plaintiff seeks to recover damages against them in their official capacities is DENIED. Defendant' Motion for Summary Judgment (ECF No. 113 ) with respect to Plaintiff's claims for injunctive relief as Plaintiff has been released from prison and is no longer subject to the offending policies/practices is GRANTED. Signed by Judge Robert C. Jones on 2/14/2019. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT CCOURT

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DISTRICT OF NEVADA

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DARIN J. FRANKLIN,

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Plaintiff,
vs.

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TANIA ARGUELLO, et al.,
Defendants.

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) Case No.: 3:15-CV-00196-RCJ-WGC
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) ORDER
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Before the Court is the Report and Recommendation of United States Magistrate
Judge (ECF No. 1291) entered on January 7, 2019, recommending that the Court deny

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Plaintiff’s Motion (ECF No. 112) and grant and deny in part Defendants’ Motion for

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Summary Judgment (ECF No. 113). On January 13, 2019, Plaintiff filed Objections to

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Magistrate Judge’s Report and Recommendation (ECF No. 132).

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This action was referred to Magistrate Judge Cobb under 28 U.S.C. §

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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.
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

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Rule IB 3-2.
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Refers to Court’s docket number.

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IT IS HEREBY ORDERED that Judge Cobb’s Report and Recommendation
(ECF No. 129), shall be ADOPTED and ACCEPTED.

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IT IS FURTHER ORDERED that Plaintiff’s Motion for Summary Judgment (ECF
No. 112) as to Counts I, II, IV and V are DENIED.
IT IS FURTHER ORDERED that Defendant Murguia’s Motion for Summary
Judgment (ECF No. 113) as to Counts I and II are GRANTED.
IT IS FURTHER ORDERED That Baker’s Motion for Summary Judgment (ECF

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No. 113) as to Counts IV and V are DENIED.
IT IS FURTHER ORDERED that Defendants’ Motion for Summary Judgment
insofar as Plaintiff seeks to recover damages against them in their official capacities is
DENIED.

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IT IS FURTHER ORDERED that Defendants’ Motion for Summary Judgment
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(ECF No. 113) with respect to Plaintiff’s claims for injunctive relief as Plaintiff has been

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released from prison and is no longer subject to the offending policies/practices is

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GRANTED.

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IT IS SO ORDERED.

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Dated this 14th day of January, 2019.

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ROBERT C. JONES
Senior District Judge

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