Lyons v. Bisbee et al

Filing 115

ORDER ADOPTING AND ACCEPTING 107 Report and Recommendation DENYING 71 Plaintiff's MOTION for Temporary Restraining Order; DENYING AS MOOT 110 Plaintiff's MOTION to Withhold Any Decision on Magistrate Judge's Report and Recommend ation 107 and 108 Pending Receipt of Plaintiff's Objections; and DENYING AS MOOT 113 Defendants' Motion For Enlargement Of Time To Respond to Plaintiff's Objection To The Magistrate Judge's Report And Recommendation [#107]. Signed by Judge Larry R. Hicks on 3/25/09. (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 1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ***** PHILLIP J. LYONS, ) ) Plaintiff, ) ) v. ) ) CONNIE BISBEE, et al., ) ) Defendants. ) _____________________________________ ) 3:07-cv-00460-LRH (RAM) ORDER Before this court is Report and Recommendations of U.S. Magistrate Robert A. McQuaid, Jr. (#1071) entered on February 10, 2009, recommending denying Plaintiff's Motion for Temporary Restraining Order (#71) filed on November 20, 2008. Plaintiff filed a Motion to Withhold Any Decision on Magistrate Judge's Report and Recommendation #107 and #108 Pending Receipt of Plaintiff's Objections (#110) on March 4, 2009, and his Objections to Magistrate Judge's Report and Recommendation (#111) on March 4, 2009. Defendants filed their Motion for Enlargement of Time to Respond to Plaintiff's Objection to the Magistrate Judge's Report and Recommendation [#107] (#113) on March 20, 2009, pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 1B 3-2 of the Rules of Practice of the United States District Court for the District of Nevada. The Court has conducted its de novo review in this case, has fully considered the objections Refers to 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 raised by the Plaintiff, the pleadings and memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) and Local Rule IB 3-2, and concludes that Plaintiff's objections are a reiteration of arguments previously made. No opposition need be filed by Defendants. The Court determines that the Magistrate Judge's Report and Recommendation (#107) entered on February 10, 2009, should be adopted and accepted. IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (#107) entered on February 10, 2009, is adopted and accepted, and Plaintiff's Motion for Temporary Restraining order (#71) is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion to Withhold Any Decision on Magistrate Judge's Report and Recommendation #107 and #108 Pending Receipt of Plaintiff's Objections (#110) is DENIED AS MOOT. IT IS FURTHER ORDERED that Defendants' Motion for Enlargement of Time to Respond to Plaintiff's objection to the Magistrate Judge's Report and Recommendation [#107] (#113) is DENIED AS MOOT. IT IS SO ORDERED. DATED this 25th day of March, 2009. _______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 2

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