Rhymes v. Aranas et al

Filing 92

ORDER that Magistrate Judge's Report and Recommendation ECF No. 89 is ADOPTED and ACCEPTED; Defendants' Motion for Summary Judgment ECF No. 67 is GRANTED IN PART AND DENIED IN PART; the deliberate indifference claims a gainst Defendants, Neven and Sablica, of the Second Amended Complaint be allowed to PROCEED; the supervisory liability claim regarding the enforcement of NDOC regulations against Defendant Neven, of the Second Amended Complaint be DISMIS SED; the official capacity claims against Defendants Neven and Sablica, of the Second Amended Complaint are DISMISSED; qualified immunity is DENIED; Clerk directed to enter judgment accordingly. Signed by Judge Robert C. Jones on 3/12/2019. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT CCOURT

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DISTRICT OF NEVADA

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MICHAEL RHYMES,

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Plaintiff,
vs.

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NEVADA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

) Case No.: 3:15-CV-00592-RCJ-CBC
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) ORDER
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Before the Court is the Report and Recommendation of United States Magistrate

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Judge Carla B. Carry (ECF No. 891) entered on January 28, 2019, recommending that

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the Court grant and deny in part Defendants’ Motion for Summary Judgment (ECF No.

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67). No objection to the Report and Recommendation has been filled.

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This action was referred to Magistrate Judge Carry 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

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Court for the District of Nevada.
The Court has considered the pleadings and memoranda of the parties and other

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relevant matters of record pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule IB 3-2.

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The Court determines that the Magistrate Judge’s Report and Recommendation (ECF

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No. 89) entered on January 28, 2019, should be adopted and accepted.
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Refers to Court’s docket number.

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (ECF
No. 89) entered on January 28, 2019, is ADOPTED and ACCEPTED.

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IT IS FURTHER ORDERED that Defendants’ Motion for Summary Judgment
(ECF no. 67) is GRANTED IN PART AND DENIED IN PART;
IT IS FURTHER ORDERED that the deliberate indifference claims against
Defendants, Neven and Sablica, of the Second Amended Complaint be allowed to
PROCEED;

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IT IS FURTHER ORDERED that the supervisory liability claim regarding the

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enforcement of NDOC regulations against Defendant Neven, of the Second Amended

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Complaint be DISMISSED; and

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IT IS FURTHER ORDERED that the official capacity claims against Defendants

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Neven and Sablica, of the Second Amended Complaint are DISMISSED.
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IT IS FURTHER ORDERED that qualified immunity is DENIED.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.
IT IS SO ORDERED.

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Dated this 12th day of March, 2019.

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ROBERT C. JONES
Senior District Judge

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