Bird v. Nevada Highway Patrol et al

Filing 5

ORDER that the Magistrate Judge's 2 Report and Recommendation is ADOPTED. Bird's claims against defendant Shari Kaufman are DISMISSED with prejudice and without leave to amend. Bird's claims against defendants Nevada Highway Pa trol and Troopers May, White, Pedraza, Lecko, and Mendoza are DISMISSED without prejudice and with leave to amend.Bird has until 2/23/2017 to file an amended complaint. If Bird does not file an amended complaint by this deadline, this action will be dismissed without prejudice and closed without further notice. Signed by Judge Jennifer A. Dorsey on 2/9/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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David Bird,
2:14-cv-02114-JAD-CWH

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Plaintiff

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v.

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Nevada Highway Patrol, et al.,

Order Adopting Report and
Recommendation
[ECF No. 2]

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Defendants

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On January 23, 2017, the magistrate judge granted David Bird’s application to proceed in

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forma pauperis and recommended that I dismiss with prejudice all claims against Bird’s public

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defender because amendment would be futile, and dismiss without prejudice and with leave to

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amend Bird’s remaining claims.1 “[N]o review is required of a magistrate judge’s report and

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recommendation unless objections are filed.”2 Objections to the magistrate judge’s report and

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recommendation were due by February 6, 2017, and Bird has not filed an objection or requested an

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extension to do so.

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Accordingly, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the magistrate
judge’s report and recommendation [ECF No. 2] is ADOPTED:

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(1) Bird’s claims against defendant Shari Kaufman are DISMISSED with prejudice and

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without leave to amend;

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(2) Bird’s claims against defendants Nevada Highway Patrol and Troopers May, White,

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Pedraza, Lecko, and Mendoza are DISMISSED without prejudice and with leave to amend;

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ECF No. 2.

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Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474
U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

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IT IS FURTHER ORDERED that Bird has until February 23, 2017, to file an amended

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complaint. If Bird does not file an amended complaint by this deadline, this action will be

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dismissed without prejudice and closed without further notice.

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Dated this 9th day of February, 2017.
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Jennifer A. Dorsey
ifer A Dorsey
r
o
United States District Judge
ed States
t
tate
Judge
ud