Lyons v. Bisbee et al
Filing
116
ORDER ADOPTING AND ACCEPTING 108 REPORT AND RECOMMENDATIONS. Ds' 30 Partial Mtn for Jdgmt on the Pleadings is GRANTED IN PART AND DENIED IN PART; Ds' Bayer, Vieth, and Goodson 43 , 76 , and 83 mtns to join are GRANTED; Jdgmt on Cou nts I and II based on the statute of limitations is DENIED; Jdgmt on Counts IV, V, and VI for Ds Bisbee, Goodson, Vieth, and Salling dismissing the claims for money damages and injunctive relief is GRANTED; Jdgmt on the claim based on the Fourteenth Amendment Equal Protection Clause in Count VI is DENIED; Jdgmt on Counts IV, V, and VII dismissing the claims based on the Fourteenth Amendment due Process Clause of the U.S. Const is GRANTED; Jdgmt on Counts V and VII dismissing the claims based on the Ex Post Facto and Double Jeopardy Clauses of the U.S. Const is GRANTED; Jdgmt re dismissal of the Eighth Amendment claims in Counts V and VII is GRANTED; and Jdgmt on Count XII dismissing the claim in its entirety is GRANTED. FURTH ORD that P's 110 mtn is DENIED AS MOOT. FURTH ORD that Ds' 114 mtn is DENIED AS MOOT. IT IS SO ORDERED. Signed by Judge Larry R. Hicks on 3/25/2009. (Copies have been distributed pursuant to the NEF - PM)
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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. (#1081) entered on February 10, 2009, recommending granting in part and denying in part Defendants' Partial Motion for Judgment on the Pleadings (#30) filed on August 26, 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 (#112) 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 [#108] (#114) 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
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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 (#108) entered on February 10, 2009, should be adopted and accepted. IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (#108) entered on February 10, 2009, is adopted and accepted, and Defendants' Partial Motion for Judgment on the Pleadings (#30) is granted in part and denied in part as follows: 1. The motions to join by Defendants Bayer, Vieth, and Goodson (## 43, 76 and 83) are GRANTED; 2. 3. Judgment on Counts I and II based on the statute of limitations is DENIED; Judgment on Counts IV, V, and VI for Defendants Bisbee, Goodson, Vieth, and Salling dismissing the claims for money damages and injunctive relief is GRANTED; 4. Judgment on the claim based on the Fourteenth Amendment Equal Protection Clause in Count VI is DENIED; 5. Judgment on Counts IV, V, and VII dismissing the claims based on the Fourteenth Amendment due Process Clause of the U.S. Constitution is GRANTED; 6. Judgment on Counts V and VII dismissing the claims based on the Ex Post Facto and Double Jeopardy Clauses of the U.S. Constitution is GRANTED; 7. Judgment regarding dismissal of the Eighth Amendment claims in Counts V and VII is GRANTED; and 8. Judgment on Count XII dismissing the claim in its entirety is GRANTED.
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 2
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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 [#108] (#114) is DENIED AS MOOT. IT IS SO ORDERED. DATED this 25th day of March, 2009.
_______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE
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