Opinion
3:06-cv-00628-LRH-RAM.
February 1, 2011
ORDER
Before this Court is Report and Recommendation of U.S. Magistrate Judge Robert A. McQuaid, Jr. (#506) entered on October 28, 2010, recommending granting Plaintiff's Motion for Preliminary Injunction (#442) filed on April 26, 2010. Plaintiff filed his Objection to Report and Recommendation by U.S. Magistrate Judge McQuaid (#516) on November 22, 2010. Defendants have not filed a response. This action was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and LR IB 1-4 of the Local Rules of Practice of the United States District Court for the District of Nevada.
Refers to court's docket number.
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 (#506) entered on October 28, 2010, should be adopted and accepted.
IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (#506) entered on October 28, 2010, is adopted and accepted, and Plaintiff's Motion for Preliminary Injunction (#442) is GRANTED as follows: An injunction shall issue requiring that Plaintiff receive a hearing before the Psychological Review Panel within forty-five (45) days with all of the procedural protections outlined in the court's order (doc. # 416 and doc. # 454) under Wolff v. McDonnell to determine Plaintiff's risk to re-offend.
IT IS SO ORDERED.
DATED this 1st day of February, 2011.