Hendley v. State of Nevada et al

Filing 13

ORDER Accepting 8 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)

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Case 2:20-cv-01447-APG-EJY Document 13 Filed 01/08/21 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 TRESLEY T. HENDLEY, 4 Plaintiff Case No.: 2:20-cv-01447-APG-EJY Order Accepting Report and Recommendation 5 v. [ECF No. 8] 6 STATE OF NEVADA, et al., 7 8 Defendants On November 30, 2020, Magistrate Judge Youchah recommended that plaintiff Tresley 9 Hendley’s claims against Brittany Hurley in her official capacity be dismissed with prejudice and 10 that his claims against Hurley in her individual capacity be dismissed without prejudice and with 11 leave to amend. ECF No. 8. Judge Youchah also recommended that I dismiss Hendley’s second 12 claim, which is asserted against Clark County Detention Center, because it is not a legal entity 13 for purposes of 42 U.S.C. § 1983. Id. Next, she recommended that I dismiss with prejudice 14 Hendley’s claim against deputy public defender Shana Brouwers because she is not a state actor 15 for purposes of § 1983 and because an ineffective assistance of counsel claim must be brought 16 through a habeas corpus petition, not through a § 1983 lawsuit. Id. Finally, she recommended 17 that I dismiss with prejudice Hendley’s claim against Clark County District Attorney Steve 18 Wolfson and Assistant District Attorney Frank Lagrippa because they are entitled to immunity. 19 Id. Although Hendley has filed multiple documents, none explains how Judge Youchah’s 20 recommendations are incorrect or how amendment would not be futile on the claims Judge 21 Youchah recommends be dismissed with prejudice. See ECF Nos. 9-12. 22 I THEREFORE ORDER that Magistrate Judge Youchah’s report and recommendation 23 (ECF No. 8) is accepted and plaintiff Tresley Hendley’s claims against defendant Brittany Case 2:20-cv-01447-APG-EJY Document 13 Filed 01/08/21 Page 2 of 2 1 Hurley in her official capacity, defendant Clark County Detention Center, Shana Brouwers, 2 Steve Wolfson, and Frank Lagrippa are DISMISSED with prejudice. Hendley’s claims against 3 defendant Brittany Hurley in her individual capacity are dismissed without prejudice. 4 I FURTHER ORDER that plaintiff Tresley Hendley may file an amended complaint 5 curing the deficiencies identified in Judge Youchah’s report and recommendation with respect to 6 defendant Brittany Hurley by February 12, 2021. Failure to do so will result in dismissal of 7 these claims without prejudice and closure of the file. 8 DATED this 8th day of January, 2021. 9 10 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 2

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