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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 JOHN TURNER, 10 Plaintiff, ORDER 11 12 Case No. 2:16-cv-02413-RFB-VCF v. ARRESTING OFFICER 5-30-2016, et al., 13 Defendants. 14 15 16 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. 17 A district court “may accept, reject, or modify, in whole or in part, the findings or 18 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific 19 written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 20 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is 21 required to “make a de novo determination of those portions of the report or specified proposed 22 findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local 23 Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct 24 “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge. 25 Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due 26 by January 23, 2017. No objections have been filed. The Court has reviewed the record in this 27 case and concurs with the Magistrate Judge’s recommendations. 28 ... IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 11] is 1 2 ACCEPTED and ADOPTED in full. IT IS ORDERED that Turner’s application to proceed in forma pauperis [ECF No. 1] is 3 4 GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court file the complaint. [ECF No. 1- 5 6 1]. 7 IT IS FURTHER ORDERED that Plaintiff is permitted to maintain the action to its 8 conclusion without the necessity of prepayment of any additional fees, costs, or security. This 9 order granting in forma pauperis status does not extend to the issuance of subpoenas at government 10 expense. 11 IT IS FURTHER ORDERED that Turner’s claims against Judge Goodman, Deputy 12 District Attorney Rinetti, the State of Nevada, and the Nevada Department of Parole and 13 Propagation are DISMISSED with prejudice. 14 IT IS FURTHER ORDERED that Turner’s claims against Clark County, the Las Vegas 15 Metropolitan Police Department, the Clark County Detention Center, and the Metro officer are 16 DISMISSED with leave to amend. 17 18 IT IS FURTHER ORDERED that the Amended Complaint must be filed by February 27, 2017 to avoid dismissal with prejudice. 19 IT IS FURTHER ORDERED that if the Amended Complaint is later filed, the Clerk of 20 the Court is directed NOT to issue summons on the Amended Complaint. The court will issue a 21 screening order on the Amended Complaint and address the issuance of Summons at that time, if 22 applicable. See 28 U.S.C. § 1915(e)(2) 23 The Clerk of Court is directed to serve a copy of this Order upon Plaintiff. 24 25 DATED: January 26, 2017. _____________________________ RICHARD F. BOULWARE, II United States District Judge 26 27 28 -2-

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