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Galego v. Bannister

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Feb 17, 2012
3:10-cv-00468-LRH-WGC (D. Nev. Feb. 17, 2012)

Opinion

3:10-cv-00468-LRH-WGC

02-17-2012

LUIS GALEGO, Plaintiff, v. BRUCE BANNISTER, et al., Defendants.


ORDER

Before this Court is the Report and Recommendation of U.S. Magistrate Judge William G. Cobb (#61) entered on December 29, 2011, recommending that Plaintiff's Cross-Motion for Summary Judgment (#47), filed August 12, 2011, be construed as an opposition to Defendants' Motion for Summary Judgment. As a result, the Magistrate Judge recommends that Defendants' Motion to Strike (#50), filed September 1, 2011, be denied. And the Magistrate Judge also recommends that Plaintiff's Motion for Summary Judgment (#46), filed August 10, 2011, be denied and that Defendants' Motion for Summary Judgment (#35), filed June 2, 2011, be granted in part and denied in part. Defendants filed their Objections to the Magistrate Judge's Report and Recommendation (#64) on January 12, 2012. Plaintiff has not filed a response. This action was referred to the U.S. Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 1B 1-4 of the Rules of Practice of the United States District Court for the District of Nevada.

Refers to court's docket number.

The Court has conducted its de novo review in this case, has fully considered the objections of the Defendants, the pleadings and memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B) and Local Rule IB 3-2. The Court determines that the Magistrate Judge's Report and Recommendation (#61) entered on December 29, 2011, should be adopted and accepted.

IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (#61) entered on December 29, 2011, is adopted and accepted, as follows:

1. Plaintiff's Cross-Motion for Summary Judgment (#47) is construed as his opposition to Defendants' Motion for Summary Judgment and, therefore, Defendants' Motion to Strike Plaintiff's Cross-Motion for Summary Judgment (#50) is DENIED;
2. Plaintiff's Motion for Summary Judgment (#46) is DENIED;
3. Defendants' Motion for Summary Judgment (#35) is GRANTED in part and DENIED in part: The motion is GRANTED as to Plaintiff's official capacity damages claims. In all other respects, the motion is DENIED.

IT IS SO ORDERED.

________________________

LARRY R. HICKS

UNITED STATES DISTRICT JUDGE


Summaries of

Galego v. Bannister

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Feb 17, 2012
3:10-cv-00468-LRH-WGC (D. Nev. Feb. 17, 2012)
Case details for

Galego v. Bannister

Case Details

Full title:LUIS GALEGO, Plaintiff, v. BRUCE BANNISTER, et al., Defendants.

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Date published: Feb 17, 2012

Citations

3:10-cv-00468-LRH-WGC (D. Nev. Feb. 17, 2012)