Freire v. Las Vegas Metro Police Department et al

Filing 6

ORDER. IT IS ORDERED that 5 Judge Koppe's report and recommendation is accepted, the complaint 1 -1 is dismissed with prejudice, and 4 the application to proceed in forma pauperis is denied as moot. The clerk of court is instructed to close this case. Signed by Judge Andrew P. Gordon on 8/2/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANTONIO LUIS FREIRE,

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Plaintiff,
v.
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,

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ORDER ON REPORT AND
RECOMMENDATION
(ECF NOS. 4,5)

Defendants.

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Case No. 2:17-cv-01558-APG-NJK

On July 3, 2017, Magistrate Judge Koppe entered a report and recommendation that I (1)
dismiss the complaint with prejudice because the plaintiff’s allegations are frivolous and
delusional. ECF No. 5. She also recommends his application to proceed in forma pauperis be
denied as moot. Id. Plaintiff Antonio Freire did not file an objection. Thus, I am not obligated to
conduct a de novo review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring
district courts to “make a de novo determination of those portions of the report or specified
proposed findings to which objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114,
1121 (9th Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s findings
and recommendations de novo if objection is made, but not otherwise” (emphasis in original)).
IT IS THEREFORE ORDERED that Judge Koppe’s report and recommendation (ECF
No. 5) is accepted, the complaint (ECF No. 1-1) is dismissed with prejudice, and the application
to proceed in forma pauperis (ECF No. 4) is denied as moot. The clerk of court is instructed to
close this case.
DATED this 2nd day of August, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE