Holly v. Nye County Sheriff's Dept

Filing 7

ORDER Adopting the Magistrate Judge's 5 Report and Recommendation. The 6 complaint is DISMISSED without prejudice and with leave to amend. Amended Complaint deadline: 2/3/2017. The Clerk of Court is directed not to issue summons on the amended complaint. The court will screen the amended complaint and address the issuance of summons at that time if necessary. Signed by Judge Jennifer A. Dorsey on 1/4/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Benjamin Holly,

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Plaintiff

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v.

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Nye County Sheriff’s Dept.,

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Defendant

2:16-cv-02607-JAD-VCF
Order Adopting Report and
Recommendation and Dismissing
Complaint without Prejudice
[ECF No. 5]

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Pro se plaintiff Benjamin Holly brings this civil-rights action against the Nye County

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Sheriff’s Department. On December 5, 2016, Magistrate Judge Ferenbach granted Holly’s

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application to proceed in forma pauperis and screened Holly’s complaint. The magistrate judge

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recommends that I dismiss Holly’s complaint without prejudice and with leave to amend because the

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Nye County Sheriff’s Department is not a proper target for Holly’s § 1983 claims and it is the only

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named defendant. “[N]o review is required of a magistrate judge’s report and recommendation

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unless objections are filed.”1 Objections to the magistrate judge’s report and recommendation were

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due by December 22, 2016, and Holly has not filed an objection or requested an extension to do so.

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Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED,

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ADJUDGED, and DECREED that the magistrate judge’s report and recommendation [ECF No. 5] is

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ADOPTED. The complaint [ECF No. 6] is DISMISSED without prejudice and with leave to

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amend. If Holly wishes to file an amended complaint curing the deficiencies outlined in the

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magistrate judge’s report and recommendation, he must do so by February 3, 2017. If Holly does

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not file an amended complaint by this deadline, this case will be dismissed with prejudice and

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without further notice.

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Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474
U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

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The Clerk of Court is directed not to issue summons on the amended complaint. The court

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will screen the amended complaint and address the issuance of summons at that time if necessary.

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Dated this 4th day of January, 2017.
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Jennifer A. Dorsey
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United States District Judg
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