Thompson v. Baca et al

Filing 82

ORDER - United States Magistrate Judge Cobb's Report and Recommendation (ECF No. 76 ), shall be ADOPTED and ACCEPTED. Defendants' Partial Motion for Summary Judgment (ECF No. 62 ) is GRANTED. Plaintiff's request to str ike the portion of the motion and Henley's declaration referring to piggybacking is DENIED. The Clerk of the Court shall enter judgment accordingly. Signed by Judge Robert C. Jones on 8/9/2021. (Copies have been distributed pursuant to the NEF - SC)

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Case 3:17-cv-00670-RCJ-WGC Document 82 Filed 08/09/21 Page 1 of 2 1 2 3 4 5 6 UNITED STATES DISTRICT CCOURT 7 DISTRICT OF NEVADA 8 9 10 DAVID THOMPSON, Plaintiff, 11 12 vs. 13 ISIDRO BACA, et al., 14 Defendants. 15 16 17 18 19 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 3:17-CV-00670-RCJ-WGC ORDER ADOPTING AND ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE (ECF NO. 76) Before the Court is the Report and Recommendation of United States Magistrate Judge William G. Cobb (ECF No. 76 1) entered on May 11, 2021, recommending that the Court grant 20 Defendant Sorich’s Motion for Partial Summary Judgment with respect to the First Amendment 21 legal mail claim in the First Amended Complaint (ECF Nos. 62, 64). Plaintiff filed his 22 23 24 25 Objections to Report and Recommendation (ECF No. 78) on May 17, 2021 and Defendants filed an Opposition to Plaintiff’s Objection to Magistrate Judge’s Report and Recommendation (ECF No. 80) on June 1, 2021. 26 27 28 1 Refers to Court’s docket number. 1 Case 3:17-cv-00670-RCJ-WGC Document 82 Filed 08/09/21 Page 2 of 2 1 This action was referred to Magistrate Judge Cobb under 28 U.S.C. § 636(b)(1)(B) and 2 Local Rule IB 1-4 of the Rules of Practice of the United States District Court for the District of 3 4 5 Nevada. The Court has conducted its de novo review in this case, has fully considered the 6 pleadings and memoranda of the parties including the parties’ objections to the Report and 7 Recommendation and other relevant matters to 28 U.S.C. § 636(b)(1)(B) and Local Rule IB 3-2. 8 9 10 11 12 13 14 15 16 17 IT IS HEREBY ORDERED that United States Magistrate Judge Cobb’s Report and Recommendation (ECF No. 76), shall be ADOPTED and ACCEPTED. IT IS FURTHER ORDERED that Defendants’ Partial Motion for Summary Judgment (ECF No. 62) is GRANTED. IT IS FURTHER ORDERED that Plaintiff’s request to strike the portion of the motion and Henley’s declaration referring to “piggybacking” is DENIED. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. 18 IT IS SO ORDERED. 19 Dated this 9th day of August, 2021. _____________________________ ROBERT C. JONES United States District Judge 20 21 22 23 24 25 26 27 28 2

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