Wardell v. Cochran et al

Filing 23

ORDER ADOPTING AND ACCEPTING 22 Report and Recommendation of the United States Magistrate Judge; therefore, Ds' 10 Motion to Dismiss is GRANTED without prejudice. FURTHER ORD that Ds' 16 Motion to Strike is GRANTED and Ds' 17 Motion for Enlargement of Time is DENIED AS MOOT. The Clk shall enter judgment accordingly. Signed by Judge Larry R. Hicks on 3/9/2009. (Copies have been distributed pursuant to the NEF - KL)

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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 The Court has considered the Report and Recommendation of U.S. Magistrate Judge Robert A. McQuaid, Jr. (#22) entered on February 10, 2009, in which the Magistrate Judge recommends that the Defendants' Motion to Dismiss (#10) be granted. No objection was filed. The Court has considered the pleadings and memoranda of the parties and other relevant matters of record and has made a review and determination in accordance with the requirements of 28 U.S.C. § 636 and applicable case law, and good cause appearing, the court hereby /// /// /// /// /// /// JAMES K. WARDELL, UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ***** ) ) Plaintiff, ) ) v. ) ) PAUL R. COCHRAN and JIM BENEDETTI, ) ) Defendants. ) ) 3:06-cv-00668-LRH (RAM) ORDER 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 ADOPTS AND ACCEPTS the Report and Recommendation of the United States Magistrate Judge (#22); therefore, Defendants' Motion to Dismiss (#10) is GRANTED without prejudice. IT IS FURTHER ORDERED that Defendants' Motion to Strike (#16) is GRANTED and Defendants' Motion for Enlargement of Time (#17) is DENIED AS MOOT. The Clerk shall enter judgment accordingly. IT IS SO ORDERED. DATED this 9th day of March, 2009. _______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 2

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