Kemp Sr v. Lombardo et al

Filing 20

ORDER that the 15 Report and Recommendation is Accepted and Adopted in full. If Kemp chooses not to file a Second Amended Complaint by 4/26/2019 this case will proceed only on Kemp's Fourth Amendment excessive-force claim against Officer Cordova, Officer Cordero, and the three John Doe officers. (see Order for claims allowed to proceed and dismissed). Signed by Judge Richard F. Boulware, II on 3/11/2019. (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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***

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TERRELL DESHON KEMP, SR.,

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Plaintiff,
ORDER

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Case No. 2:17-cv-01474-RFB-CWH

v.
LOMBARDO, et al.,

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Defendants.

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Before the Court for consideration is the Report and Recommendation [ECF No. 15] of the
Honorable Carl W. Hoffman, United States Magistrate Judge, entered February 12, 2019.

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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 February 26, 2019. 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. 15] is

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ACCEPTED and ADOPTED in full.

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IT IS FURTHER ORDERED that the portion of Claim Three alleging an excessive force

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under the Fourth Amendment shall proceed against Officer Cordova, Officer Cordero, and the three

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John Doe officers.

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IT IS FURTHER ORDERED that the remainder of Claim Three, which alleges excessive

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force claims under the Eighth and Fourteenth Amendments against Officer Cordova, Officer Cordero,

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and the three John Doe officers, is DISMISSED, without leave to amend, as amendment would be

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futile.

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IT IS FURTHER ORDERED that Claims One, Two, and Four are DISMISSED, with
leave to amend.
IT IS FURTHER ORDERED that a Second Amended Complaint may be filed by April
26, 2019.

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IT IS FURTHER ORDERED that if Kemp chooses not to file a Second Amended

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Complaint by April 26, 2019, this case will proceed only on Kemp’s Fourth Amendment

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excessive-force claim against Officer Cordova, Officer Cordero, and the three John Doe officers.

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DATED: March 11, 2019.
_____________________________
RICHARD F. BOULWARE, II
United States District Judge

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