Greene v. Los Angeles Police Department

Filing 7

ORDER Accepting 2 Report of Findings and Recommendation and Dismissing Case with Prejudice. Signed by Judge Andrew P. Gordon on 8/4/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CEDRIC GREENE,

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Plaintiff,

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Case No. 2:15-cv-00815-APG-PAL

v.
LOS ANGELES POLICE
DEPARTMENT,
Defendant.

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ORDER ACCEPTING REPORT OF
FINDINGS AND RECOMMENDATION
AND DISMISSING CASE WITH
PREJUDICE
(Dkt. #2)

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On May 7, 2015, Magistrate Judge Leen entered her Order and Report of Findings and
Recommendation (Dkt. #2) recommending I dismiss the complaint because this court has no
personal jurisdiction over the Los Angeles Police Department for actions that entity allegedly
took in Los Angeles, California. Additionally, Judge Leen concluded the statute of limitations on
this claim has expired; the complaint alleges the incident took place on September 24, 2012, but
Greene did not file this complaint until April 30, 2015. Finally, Judge Leen found venue was
improper here because the events occurred in Los Angeles, California, and that is where the
defendant resides. Judge Leen noted that Greene has filed this action here, even though it
properly belongs in a California court, because the Central District of California has declared him
a vexatious litigant. Judge Leen recommends I dismiss the complaint with prejudice because
Greene cannot cure these deficiencies with amendment. Greene filed an objection to the report
and recommendation. (Dkt. #6.)

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I conducted a de novo review of the issues set forth in the Report of Findings and
Recommendation. 28 U.S.C. § 636(b)(1). Judge Leen’s Report of Findings and Recommendation
sets forth the proper legal analysis and factual basis for the decision.
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IT IS THEREFORE ORDERED that Judge Leen’s Report of Findings and
Recommendation (Dkt. #2) is accepted. This action is DISMISSED with prejudice.
DATED this 4th day of August, 2015.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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