Mohammad v. Las Vegas Metropolitan Police Department

Filing 6

ORDER that Judge Koppe's 3 Report and Recommendation is accepted. Plaintiff Khalid Mohammad's complaint is DISMISSED with prejudice. Signed by Judge Andrew P. Gordon on 12/5/2017. (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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***

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KHALID MOHAMMAD,

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Plaintiff,
v.
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT,

Case No. 2:17-cv-02389-APG-NJK
ORDER ON REPORT AND
RECOMMENDATION
(ECF. NO. 3)

Defendant.

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On September 19, 2017, Magistrate Judge Koppe entered a report and recommendation

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that I dismiss this case with prejudice because plaintiff Khalid Mohammad alleges nothing more

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than that he has was a pretrial detainee, despite this court advising him several times in other

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cases that his allegations were insufficient. ECF No. 3. Mohammad objects, arguing he was

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detained for eight months even though he was actually innocent and the charges were dropped.

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I conducted a de novo review. 28 U.S.C. § 636(b)(1). Judge Koppe sets forth the proper

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legal analysis and factual basis for the decision. As Mohammad has been informed numerous

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times in other cases, the mere fact that he was a pretrial detainee who allegedly was innocent of

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the crime charged does not state a claim absent allegations that the defendants violated the

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Constitution or applicable statutory requirements. Bell v. Wolfish, 441 U.S. 520, 534 & n.15

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(1979). Mohammad makes no such allegations.

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IT IS THEREFORE ORDERED that Judge Koppe’s report and recommendation (ECF
No. 3) is accepted. Plaintiff Khalid Mohammad’s complaint is DISMISSED with prejudice.
DATED this 5th day of December, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE