Morenov.Cortez-Masto

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA RENO, NEVADAFeb 17, 2012
3:11-cv-00179-ECR-WGC (D. Nev. Feb. 17, 2012)

3:11-cv-00179-ECR-WGC

02-17-2012

JOSEPH MORENO, Plaintiff, v. CATHERINE CORTEZ-MASTO, et al., Defendant(s).

Counsel for Plaintiff(s) NONE APPEARING Counsel for Defendant(s) NONE APPEARING


MINUTES OF THE COURT

PRESENT: EDWARD C. REED , JR. U. S. DISTRICT JUDGE

Judicial Assistant: Candace Knab Reporter: NONE APPEARING

Counsel for Plaintiff(s) NONE APPEARING

Counsel for Defendant(s) NONE APPEARING

MINUTE ORDER IN CHAMBERS

On January 19, 2012, the Magistrate Judge filed a Report and Recommendation (#44) recommending that Defendants' Motion to Dismiss (#22), filed on June 20, 2011, on Plaintiff's Eighth Amendment claim for deliberate indifference to a serious threat to his safety. No objections were filed.

IT IS, THEREFORE, HEREBY ORDERED that the Magistrate Judge's Report and Recommendation (#44) is well taken and is APPROVED and ADOPTED. Plaintiff sufficiently alleged a causal connection between Defendants' failure to place him in protective custody and his rape in 2009 to survive a motion to dismiss for failure to state a claim. Further, Plaintiff's claim falls within Nevada's two-year statute of limitations for § 1983 claims because the action accrued in 2009 when Plaintiff was raped. Finally, Plaintiff's claim should not be dismissed for failure to exhaust administrative remedies because it is not merely a classification claim subject to the ten-day prison regulation time period, but a civil rights claim.

IT IS FURTHER ORDERED that Defendants' Motion to Dismiss (#22) is DENIED .

IT IS FURTHER ORDERED that the matter of issuing a scheduling order is REFERRED to the Magistrate Judge.

LANCE S. WILSON, CLERK

By ____


Deputy Clerk