Turner v. Arresting Officer 5-30-2016 et al

Filing 3

ORDER REGARDING REPORT AND RECOMMENDATIONS Accepting and Adopting 2 Report and Recommendation. Clark County ex rel, Clark County Sheriff Office, Judge Goodman, LVMPD, Nevada Parole Probation Dept, Dena Rinetti, State of Nevada Ex Rel, Arresting Officer 5-30-2016 and Clark County Detention Center terminated., Amended Complaint deadline: 2/27/2017. Clerk of Court is not to issue summons on the Amended Complaint. Signed by Judge Richard F. Boulware, II on 1/26/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOHN TURNER,

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Plaintiff,
ORDER

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Case No. 2:16-cv-02413-RFB-VCF

v.
ARRESTING OFFICER 5-30-2016, et al.,

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Defendants.

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Before the Court for consideration is the Report and Recommendation [ECF No. 2] of the
Honorable Cam Ferenbach, United States Magistrate Judge, entered January 9, 2017.

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A district court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific

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written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. §

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636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is

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required to “make a de novo determination of those portions of the report or specified proposed

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findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local

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Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct

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“any review,” de novo or otherwise, of the report and recommendations of a magistrate judge.

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Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due

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by January 23, 2017. No objections have been filed. The Court has reviewed the record in this

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case and concurs with the Magistrate Judge’s recommendations.

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...

IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 11] is

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ACCEPTED and ADOPTED in full.
IT IS ORDERED that Turner’s application to proceed in forma pauperis [ECF No. 1] is

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GRANTED.
IT IS FURTHER ORDERED that the Clerk of the Court file the complaint. [ECF No. 1-

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1].

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IT IS FURTHER ORDERED that Plaintiff is permitted to maintain the action to its

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conclusion without the necessity of prepayment of any additional fees, costs, or security. This

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order granting in forma pauperis status does not extend to the issuance of subpoenas at government

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expense.

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IT IS FURTHER ORDERED that Turner’s claims against Judge Goodman, Deputy

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District Attorney Rinetti, the State of Nevada, and the Nevada Department of Parole and

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Propagation are DISMISSED with prejudice.

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IT IS FURTHER ORDERED that Turner’s claims against Clark County, the Las Vegas

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Metropolitan Police Department, the Clark County Detention Center, and the Metro officer are

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DISMISSED with leave to amend.

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IT IS FURTHER ORDERED that the Amended Complaint must be filed by February
27, 2017 to avoid dismissal with prejudice.

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IT IS FURTHER ORDERED that if the Amended Complaint is later filed, the Clerk of

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the Court is directed NOT to issue summons on the Amended Complaint. The court will issue a

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screening order on the Amended Complaint and address the issuance of Summons at that time, if

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applicable. See 28 U.S.C. § 1915(e)(2)

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The Clerk of Court is directed to serve a copy of this Order upon Plaintiff.

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DATED: January 26, 2017.
_____________________________
RICHARD F. BOULWARE, II
United States District Judge

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