McNair v. Baca et al

Filing 47

ORDER that the Magistrate Judge's Report and Recommendation ECF No. 43 is ADOPTED and ACCEPTED; Defendants' Motion for Summary Judgment ECF No. 35 is GRANTED; Plaintiff's Cross-Motion for Summary Judgment ECF No. 39 is DENIED AS MOOT; Clerk directed to enter judgment and close this case. Signed by Judge Robert C. Jones on 12/7/2017. (Copies have been distributed pursuant to the NEF - KW)

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1 2 UNITED STATES DISTRICT CCOURT 3 DISTRICT OF NEVADA 4 5 6 CLARENCE McNAIR, 7 8 Plaintiff, vs. 9 10 ISIDRO BACA, et al., Defendants. 11 ) Case No.: 3:16-CV-00234-RCJ-VPC ) ) ORDER ) ) ) ) ) ) ) ) ) 12 13 14 Before the Court is the Report and Recommendation of United States Magistrate Judge (ECF No. 431) entered on October 10, 2017, recommending that the Court grant 15 16 Defendants’ Motion for Summary Judgment (ECF No. 35). On November 30, 2017 17 Plaintiff filed Objections to Magistrate Judge’s Report and Recommendation (ECF No. 18 46). 19 The Court has conducted its de novo review in this case, has fully considered the 20 21 objections of the Plaintiff, the pleadings and memoranda of the parties and other 22 relevant matters of record pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule IB 3-2. 23 The Court determines that the Magistrate Judge’s Report and Recommendation (ECF 24 No. 43) entered on October 10, 2017 should be ADOPTED and ACCEPTED. 25 IT IS HEREBY ORDERED that Defendants’ Motion for Summary Judgment (ECF 26 27 28 No. 35) is GRANTED. 1 Refers to Court’s docket number. ORDER - 1 1 2 IT IS FURTHER ORDERED that Plaintiff’s Cross-Motion for Summary Judgment (ECF No. 39) is DENIED AS MOOT. 3 4 5 6 7 IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly and close the case. IT IS SO ORDERED. Dated this 7th day of December, 2017. 8 9 10 ROBERT C. JONES Senior District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER - 2

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