Dollar v. Las Vegas Metropolitan Police Department et al

Filing 4

ORDER REGARDING REPORT AND RECOMMENDATIONS Accepting 2 Report and Recommendation. Sheriff, City of Las Vegas Office of Mayor and Clark County District Attorney terminated. Dollar's Fourth Amendment claim against John Doe LVMPD Officers #1 and #2 in their individual capacities remains pending; Amended Complaint deadline: 3/31/2017. Signed by Judge Andrew P. Gordon on 3/1/2017. (Copies have been distributed pursuant to the NEF - JM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

***

4

GEORGE DOLLAR,

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Case No. 2:15-cv-00712-APG-CWH
Plaintiff,

v.
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,

ORDER ON REPORT AND
RECOMMENDATION
(ECF. NO. 2)

Defendants.

On February 7, 2017, Magistrate Judge Hoffman entered a report and recommendation
that: (1) I dismiss with prejudice plaintiff George Dollar’s Fourteenth Amendment claim against
Defendants John Doe LVMPD Officers #1 and #2 in their individual capacities, (2) I dismiss
without prejudice Dollar’s official capacity claims against Defendants John Doe LVMPD
Officers #1 and #2 and claims against the Sheriff, Mayor, and District Attorney; and (3) if Dollar
does not amend, that the case proceed only on Dollar’s Fourth Amendment unlawful arrest claim
against John Doe LVMPD Officers #1 and #2 in their individual capacities. ECF No. 2. Dollar
did not file an objection. Thus, I am not obligated to conduct a de novo review of the report and
recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo
determination of those portions of the report or specified proposed findings to which objection is
made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the
district judge must review the magistrate judge’s findings and recommendations de novo if
objection is made, but not otherwise” (emphasis in original)).
IT IS THEREFORE ORDERED that Judge Hoffman’s report and recommendation (ECF
No. 2) is accepted. Plaintiff George Dollar’s Fourteenth Amendment claim against Defendants
John Doe LVMPD Officers #1 and #2 in their individual capacities is dismissed with prejudice.
Dollar’s official capacity claims against Defendants John Doe LVMPD Officers #1 and #2 and
his claims against the Sheriff, Mayor, and District Attorney are dismissed without prejudice.

1

Dollar’s Fourth Amendment claim against John Doe LVMPD Officers #1 and #2 in their

2

individual capacities remains pending.

3

IT IS FURTHER ORDERED that plaintiff George Dollar may file an amended complaint

4

on or before March 31, 2017, if he can correct the deficiencies identified in Judge Hoffman’s

5

report and recommendation. If Dollar does not amend, the case will proceed only on Dollar’s

6

Fourth Amendment unlawful arrest claim against John Doe LVMPD Officers #1 and #2 in their

7

individual capacities

8

DATED this 1st day of March, 2017.

9
10
11
12

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 2 of 2