Cohan v. Goodman et al

Filing 8

ORDER Adopting 5 Report and Recommendation. Amended Complaint deadline: 2/12/2021. Signed by Judge Andrew P. Gordon on 1/8/2021. (Copies have been distributed pursuant to the NEF - MR)

Case 2:20-cv-01185-APG-BNW Document 8 Filed 01/08/21 Page 1 of 2

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 JAMES E. COHAN,
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Plaintiff

Case No.: 2:20-cv-01185-APG-BNW
Order Accepting Report and
Recommendation

5 v.
[ECF No. 5]
6 ERIC GOODMAN, et al.,
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Defendants
On December 8, 2020, Magistrate Judge Weksler recommended that plaintiff James

9 Cohan’s claims against Judge Goodman, the deputy district attorneys, and the deputy public
10 defenders be dismissed with prejudice because Judge Goodman and the district attorneys are
11 entitled to immunity and the deputy public defendants are not state actors for purposes of 42
12 U.S.C. § 1983. ECF No. 5. She also recommended that I dismiss the Las Vegas Metropolitan
13 Police officers with leave to amend. Cohan objects to dismissal of his claims with prejudice. I
14 conducted a de novo review under 28 U.S.C. § 636(b)(1), and I overrule Cohan’s objection. He
15 does not explain how amendment would not be futile given that Judge Goodman and the district
16 attorneys are entitled to immunity and the public defenders are not state actors under § 1983.
17

I THEREFORE ORDER that Magistrate Judge Weksler’s report and recommendation

18 (ECF No. 5) is accepted and plaintiff James Cohan’s claims against defendants Judge
19 Goodman, the district attorneys, and the public defenders are DISMISSED with prejudice.
20 Cohan’s claims against the Las Vegas Metropolitan Police officers are dismissed without
21 prejudice.
22

I FURTHER ORDER that plaintiff James Cohan may file an amended complaint curing

23 the deficiencies identified in Judge Weksler’s report and recommendation with respect to the

Case 2:20-cv-01185-APG-BNW Document 8 Filed 01/08/21 Page 2 of 2

1 defendant Las Vegas Metropolitan Police officers by February 12, 2021. Failure to do so will
2 result in dismissal of these claims without prejudice and closure of the file.
3

DATED this 8th day of January, 2021.

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5

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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