McNair v. Kersten et al

Filing 35

ORDER adopting and accepting ECF No. 34 Report and Recommendation; granting Defendant Kersten's ECF No. 16 Motion for Summary Judgment; denying as moot Plaintiff's ECF No. 21 Cross-Motion for Summary Judgment; directing Clerk to enter judgment and close case. Signed by Judge Robert C. Jones on 7/19/2017. (Copies have been distributed pursuant to the NEF - KR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 CLARENCE MCNAIR, 5 Plaintiff, 6 v. 7 R. KERSTEN, et al., 8 Defendants. * ** ) ) ) ) ) ) ) ) ) ) CASE NO.: 3:16-CV-00038-RCJ-WGC ORDER 9 10 The Court has considered the Report and Recommendation of United States Magistrate 11 (ECF No. 34) entered on June 7, 2017, in which the Magistrate Judge recommends the Court grant 12 Defendant Kersten’s Motion for Summary Judgment (ECF No. 16). And, deny as moot Plaintiff’s 13 Cross-Motion for Summary Judgment (ECF No. 21). The Court has considered the pleadings and 14 memoranda of the parties and other relevant matters of record and has made a review and 15 determination in accordance with the requirements of 28 U.S.C. § 636 and applicable case law, and 16 good cause appearing, the court hereby 17 ADOPTS AND ACCEPTS the Report and Recommendation of the United States 18 Magistrate Judge (ECF No. 34). 19 IT IS HEREBY ORDERED that Defendant Kersten’s Motion for Summary Judgment (ECF 20 No. 16) is GRANTED. 21 IT IS FURTHER ORDERED that Plaintiff’s Cross-Motion for Summary Judgment (ECF 22 No. 21) is DENIED AS MOOT. The Clerk of the Court shall enter judgment accordingly and close 23 this case. 24 IT IS SO ORDERED this 19th day of July, 2017. 25 26 _______________________________ ROBERT C. JONES UNITED STATES DISTRICT JUDGE

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