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)

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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

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