Summary
finding that the Attorney General's office lacked standing to bring a motion to dismiss a party that it did not represent
Summary of this case from Thomas v. Harrisburg City Police Dep'tOpinion
3:03-cv-00453-LRH (VPC).
April 25, 2007
ORDER
Before this Court is Report and Recommendation of U.S. Magistrate Valerie P. Cooke (Doc. #198) entered on January 12, 2007, recommending denying Plaintiff's request for entry of default as to Defendant Robert Bayer (Doc. #112) filed on August 11, 2006, and striking Defendants' counter-motion to dismiss Defendant Bayer as a defendant (Doc. #113) filed on August 15, 2006. Plaintiff filed his Objections to Magistrate Judge's Report and Recommendation (Doc. #205) on January 24, 2007, Defendants filed their Opposition to Plaintiff's Objections to Magistrate Judge's Report and Recommendation on February 8, 2007 (Doc. #213), Plaintiff filed his Reply to Opposition to Plaintiff's Objections (Doc. #222) on February 15, 2007, and an Errata to Plaintiff's Reply to Defendants' Opposition (Doc. #226) was filed by Plaintiff on February 20, 2007, 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 of 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. The Court determines that the Magistrate Judge's Report and Recommendation (Doc. #198) entered on January 12, 2007, should be adopted and accepted.
IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (Doc. #198) entered on January 12, 2007, is adopted and accepted, and Plaintiff's Request for Entry of Default as to Robert Bayer (Doc. #112) is DENIED and the Defendants' Counter-Motion to Dismiss Bayer as a Defendant (Doc. #113) is STRICKEN.
IT IS SO ORDERED.