Kevin Fernandez Vs. State of Nevada, et al.

Filing 274

ORDER denying 70 Plaintiff's Motion to Stay. See order re specifics. Signed by Judge Larry R. Hicks on 3/13/09. (Copies have been distributed pursuant to the NEF - SL)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LARRY R. HICKS UNITED STATES DISTRICT JUDGE Before the court is Plaintiff's Motion for Stay of Order (#64) Pending Appeal (#701), Government's Response to Motion for Stay of Order Pending Appeal (#76), and Plaintiff's Reply (#84). The Court has conducted its review in this case, has fully considered the Plaintiff's motion, and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1), and concludes as follows: the Magistrate Judge's ruling (#7) was neither clearly erroneous nor contrary to law; Plaintiff has failed to show a likelihood of success on appeal, and Order (#64) is not an appealable decision. Plaintiff's Motion for Stay of Order (#64) Pending Appeal (#70) is denied. IT IS SO ORDERED. DATED this 13th day of March, 2009. vs. STATE OF NEVADA, et al., Defendants. KEVIN FERNANDEZ, Plaintiff, UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ***** ) ) 3:06-cv-00628-LRH-RAM ) ) ORDER ) ) ) ) ) ) 1 Refers to this court's docket number. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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