Davitt v. Viderine et al
Filing
47
MINUTE ORDER IN CHAMBERS of the Honorable Judge Edward C. Reed, Jr, on 3/11/2009. IT IS HEREBY ORDERED that the 44 Report and Recommendation is APPROVED and ADOPTED. IT IS FURTHER ORDERED that Ds' 16 Motion to Dismiss is GRANTED except as to Count IV. P shall have 15 days within which to refile his complaint with all pages so that Count IV can be viewed. Thereafter, Ds shall have 20 days within which to respond to Count IV of the complaint. (Copies have been distributed pursuant to the NEF - KL)
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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
MICHAEL DAVITT, Plaintiff, vs. TIM VIDRINE, et al., Defendants. PRESENT: Deputy Clerk: EDWARD C. REED, JR. COLLEEN LARSEN
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3:07-CV-00578-ECR-RAM MINUTES OF THE COURT DATE: March 11, 2009
U. S. DISTRICT JUDGE Reporter: NONE APPEARING
Counsel for Plaintiff(s) Counsel for Defendant(s) MINUTE ORDER IN CHAMBERS
NONE APPEARING NONE APPEARING
On February 10, 2009, the Magistrate Judge filed a Report and Recommendation (#44) recommending that Defendants' Motion to Dismiss (#16) be granted except as to Count IV and that Plaintiff should be permitted to refile his complaint so that the claims in Count IV could be considered by the Court. The Complaint (#4) as filed is missing page 6B; thus, analysis of whether Count IV stated a plausible claim for relief could not be conducted. Plaintiff's Objections (#45) to the Report and Recommendation (#44) are not well taken and are overruled. IT IS, THEREFORE, HEREBY ORDERED that the Report and Recommendation (#44) is APPROVED and ADOPTED. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss (#16) is GRANTED except as to Count IV. Plaintiff shall have fifteen (15) days within which to refile his complaint with all pages so that Count IV can be viewed. Thereafter, Defendants shall have twenty (20) days within which to respond to Count IV of the complaint. LANCE S. WILSON, CLERK By /s/ Deputy Clerk
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