Von Tobel v. Baca et al

Filing 49

ORDERED that United States Magistrate Judge Cobb's Report and Recommendation (ECF No. 46 ), is ADOPTED and ACCEPTED. IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment (ECF No. 34 ) is GRANTED and DENIED IN PA RT as follows: IT IS FURTHER ORDERED that summary judgment is GRANTED as to Defendants HANNAH and MANNING. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly as to Defendants HANNAH an d MANNING. IT IS FURTHER ORDERED that summary judgment is GRANTED as to the official capacity claims against Defendants BROOKS and RAYMOND. IT IS FURTHER ORDERED that the Clerk of the court shall enter judgment according ly as to Defendants BROOKS and RAYMOND with respect to the official capacity claims. IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment (ECF No. 34 ) is DENIED as to the individual capacity claims against Defendants BROOKS and RAYMOND. Signed by Judge Robert C. Jones on 7/8/2020. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:17-cv-00161-RCJ-WGC Document 49 Filed 07/08/20 Page 1 of 2

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UNITED STATES DISTRICT CCOURT

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DISTRICT OF NEVADA
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GERALD VON TOBEL,
Plaintiff,

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vs.

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ISIDRO BACA, et al,
Defendants.

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Case No.: 3:17-CV-00161-RCJ-WGC
ORDER ADOPTING AND ACCEPTING
REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
(ECF NO. 46)

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Before the Court is the Report and Recommendation of United States Magistrate Judge

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William G. Cobb (ECF No. 46 1) entered on June 18, 2020, recommending that the Court grant

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and deny in part Defendants’ Motion for Summary Judgment (ECF No. 34). On June 24, 2020,

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in response to the Report and Recommendation (ECF No. 46) Plaintiff filed a Notice of Intent to
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Appeal (ECF No. 48).

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This action was referred to Magistrate Judge Cobb under 28 U.S.C. § 636(b)(1)(B) and

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Local Rule IB 1-4 of the Rules of Practice of the United States District Court for the District of

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Nevada.

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Refers to Court’s docket number.

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Case 3:17-cv-00161-RCJ-WGC Document 49 Filed 07/08/20 Page 2 of 2

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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

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Recommendation and other relevant matters to 28 U.S.C. § 636(b)(1)(B) and Local Rule IB 3-2.
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IT IS HEREBY ORDERED that United States Magistrate Judge Cobb’s Report and

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Recommendation (ECF No. 46), is ADOPTED and ACCEPTED.

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IT IS FURTHER ORDERED that Defendants’ Motion for Summary Judgment (ECF
No. 34) is GRANTED and DENIED IN PART as follows:

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IT IS FURTHER ORDERED that summary judgment is GRANTED as to Defendants

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HANNAH and MANNING.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment

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accordingly as to Defendants HANNAH and MANNING.

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IT IS FURTHER ORDERED that summary judgment is GRANTED as to the official
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capacity claims against Defendants BROOKS and RAYMOND.

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IT IS FURTHER ORDERED that the Clerk of the court shall enter judgment

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accordingly as to Defendants BROOKS and RAYMOND with respect to the official capacity

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claims.

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IT IS FURTHER ORDERED that Defendants’ Motion for Summary Judgment (ECF
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No. 34) is DENIED as to the individual capacity claims against Defendants BROOKS and

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RAYMOND.

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IT IS SO ORDERED.
Dated this 8th day of July, 2020.

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ROBERT C. JONES
United States District Judge

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