Quiney v. LVMPD Officer Kuam et al

Filing 16

ORDER Accepting 10 REPORT AND RECOMMENDATION re 7 Amended Complaint filed by Dwayne Quiney. Plaintiff's official capacity claims are DISMISSED. Plaintiff's Amended Complaint states a valid claim for a Fourth Amendment violation and such claims are allowed to go forward. Signed by Judge Gloria M. Navarro on 5/3/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DWAYNE R. QUINEY,
Plaintiff,

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vs.
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LVMPD OFFICER KUAM, et al.,
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Defendants.

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Case No.: 2:11-cv-150-GMN-PAL
ORDER ACCEPTING REPORT
OF FINDINGS
AND RECOMMENDATION

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Before the Court is Plaintiff Dwayne R. Quiney’s Amended Complaint (ECF No.

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7), filed on March 12, 2011. On April 6, 2011, the Honorable Peggy A. Leen, United

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States Magistrate Judge, entered a Report of Findings and Recommendation (ECF No.

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10) recommending that Plaintiff’s Complaint be dismissed in part. Plaintiff did not file

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an Objection to Judge Leen’s Report of Findings and Recommendation. 1
The Court has conducted a de novo review of the record in this case in accordance

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with 28 U.S.C. § 636(b)(1) and Local Rule IB 1-9 and determines that Magistrate Judge

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Leen’s Report of Findings and Recommendation should be ACCEPTED.
IT IS THEREFORE ORDERED that Magistrate Judge Leen’s Report of

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Findings and Recommendation (ECF No. 10) is ACCEPTED and Plaintiff’s official

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capacity claims are DISMISSED.
Plaintiff’s Amended Complaint states a valid claim for a Fourth Amendment

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///

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///

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Plaintiff filed what appears to be a Response to the Answer on April 25, 2011 (ECF No. 15). The Court is unclear
as to whether this is an Objection to the Report of Findings and Recommendation or a Response. Either way, the
Court will not consider it as an objection as it was filed untimely.

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violation and such claims are allowed to go forward.
DATED this 3rd day of May, 2011.

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________________________________
Gloria M. Navarro
United States District Judge

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