Opinion
3:05-cv-00638-LRH-RAM.
September 30, 2008
ORDER
Before this court is Report and Recommendation of U.S. Magistrate Robert A. McQuaid, Jr. (#89) entered on February 15, 2008, recommending denying Plaintiff's Motion for Court to Apply the Unconstitutional Conditions Doctrine to all Counts in the Second Amended Complaint (#58), denying Plaintiff's Motion for Court to Apply FRCP 10(c) to all Exhibits Relating to All Pleadings (#85), and granting in part and denying in part Defendants' Motion for Summary Judgment (#30). Defendants filed their Objections to U.S. Magistrate Judge's Report and Recommendation (#96) on March 17, 2008, Plaintiff filed his Objections to Magistrate Judge's Report and Recommendation (#98) on March 19, 2008, and his response to Defendants' Objections (#99) on March 31, 2008, and Defendants filed their response to Plaintiff's Objections (#103) on April 4, 2008, 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
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 (#89) entered on February 15, 2008, should be adopted and accepted in the following parts:
The Magistrate Judge's Report and Recommendation (#89) entered on February 15, 2008, is ADOPTED and ACCEPTED with respect to the denial of Plaintiff's Motion for Court to Serve and Process 18 U.S.C. § 242 and 28 U.S.C. § 1442(a)(1) Notices for Federal Prosecution of all Named Defendants (#43);
The Magistrate Judge's Report and Recommendation (#89) entered on February 15, 2008, is ADOPTED and ACCEPTED with respect to the denial of Plaintiff's Motion for Court to Apply the Unconstitutional Conditions Doctrine to all Counts in the Second Amended Complaint (#58); and
The Magistrate Judge's Report and Recommendation (#89) entered on February 15, 2008, is ADOPTED and ACCEPTED with respect to denying Plaintiff's Motion for Court to Apply FRCP 10(c) to All Exhibits Relating to All Pleadings (#85).
IT IS SO ORDERED.
Remaining before the court is the Magistrate Judge's Report and Recommendation (#89) entered on February 15, 2008, with respect to Defendants' Motion for Summary Judgment (#30). The court anticipates a ruling upon the motion in the near future.