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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 KHALID MOHAMMAD, 5 6 7 8 9 Plaintiff, v. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, Case No. 2:17-cv-02389-APG-NJK ORDER ON REPORT AND RECOMMENDATION (ECF. NO. 3) Defendant. 10 11 On September 19, 2017, Magistrate Judge Koppe entered a report and recommendation 12 that I dismiss this case with prejudice because plaintiff Khalid Mohammad alleges nothing more 13 than that he has was a pretrial detainee, despite this court advising him several times in other 14 cases that his allegations were insufficient. ECF No. 3. Mohammad objects, arguing he was 15 detained for eight months even though he was actually innocent and the charges were dropped. 16 I conducted a de novo review. 28 U.S.C. § 636(b)(1). Judge Koppe sets forth the proper 17 legal analysis and factual basis for the decision. As Mohammad has been informed numerous 18 times in other cases, the mere fact that he was a pretrial detainee who allegedly was innocent of 19 the crime charged does not state a claim absent allegations that the defendants violated the 20 Constitution or applicable statutory requirements. Bell v. Wolfish, 441 U.S. 520, 534 & n.15 21 (1979). Mohammad makes no such allegations. 22 23 24 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. 25 26 27 28 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

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