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)

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