Mohammad v. Las Vegas Metropolitan Police Department
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
LAS VEGAS METROPOLITAN POLICE
Case No. 2:17-cv-02389-APG-NJK
ORDER ON REPORT AND
(ECF. NO. 3)
On September 19, 2017, Magistrate Judge Koppe entered a report and recommendation
that I dismiss this case with prejudice because plaintiff Khalid Mohammad alleges nothing more
than that he has was a pretrial detainee, despite this court advising him several times in other
cases that his allegations were insufficient. ECF No. 3. Mohammad objects, arguing he was
detained for eight months even though he was actually innocent and the charges were dropped.
I conducted a de novo review. 28 U.S.C. § 636(b)(1). Judge Koppe sets forth the proper
legal analysis and factual basis for the decision. As Mohammad has been informed numerous
times in other cases, the mere fact that he was a pretrial detainee who allegedly was innocent of
the crime charged does not state a claim absent allegations that the defendants violated the
Constitution or applicable statutory requirements. Bell v. Wolfish, 441 U.S. 520, 534 & n.15
(1979). Mohammad makes no such allegations.
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.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
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