Elawyers Elawyers
Washington| Change

GUERRIER v. LEGRAND, 3:10-cv-00719-LRH-VPC. (2012)

Court: District Court, D. Nevada Number: infdco20120124671 Visitors: 15
Filed: Jan. 20, 2012
Latest Update: Jan. 20, 2012
Summary: ORDER LARRY R. HICKS, District Judge. Before this Court is the Report and Recommendation of U.S. Magistrate Judge Valerie P. Cooke (#27 1 ) entered on December 20, 2011, recommending granting in part and denying in part Defendant's Motion to Dismiss (#20) filed on July 19, 2011. No objection to the Report and Recommendation has been filed. The action was referred to the Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)B and Local Rule 1B 1-4 of the Rules of Practice of the United States Distr
More

ORDER

LARRY R. HICKS, District Judge.

Before this Court is the Report and Recommendation of U.S. Magistrate Judge Valerie P. Cooke (#271) entered on December 20, 2011, recommending granting in part and denying in part Defendant's Motion to Dismiss (#20) filed on July 19, 2011. No objection to the Report and Recommendation has been filed. The action was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)B and Local Rule 1B 1-4 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 pleadings and memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B) and Local Rule IB 3-2. The Court determines that the Magistrate Judge's Report and Recommendation (#27) entered on December 20, 2011, should be adopted and accepted.

IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (#27) entered on December 20, 2011, is adopted and accepted, and Defendant's Motion to Dismiss (#20) is GRANTED in part and DENIED in part as follows:

1. Defendant's Motion to Dismiss Defendant Scott in his official capacity based on Eleventh Amendment immunity is GRANTED, and Plaintiff's monetary damages claim against Defendant in his official capacity is DISMISSED with prejudice; and 2. Defendant's Motion to Dismiss based on Plaintiff's failure to state a claim and qualified immunity is DENIED without prejudice.

IT IS SO ORDERED.

FootNotes


1. Refers to court's docket number.
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer