Kozlowski et al v. State of Nevada et al

Filing 16

ORDER adopting in part 10 Report and Recommendation. Plaintiffs' 8 Amended Complaint dismissed without prejudice; Plaintiffs' 9 Motion for Service of Summons by USM denied as moot. Signed by Judge Miranda M. Du on 12/8/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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STEVEN KOZLOWSKI and
MICHELLE KOZLOWSKI,

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v.

Plaintiffs,

THE STATE OF NEVADA, et al.,

Case No. 3:14-cv-00218-MMD-WGC
ORDER REGARDING REPORT
AND RECOMMENDATION OF
MAGISTRATE JUDGE
WILLIAM G. COBB

Defendants.

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Before the Court is the Report and Recommendation of United States

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Magistrate Judge William G. Cobb (dkt. no. 10) (“R&R”) relating to Plaintiffs’

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amended complaint. Plaintiff had until September 11, 2014, to object to the

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Recommendation. Plaintiffs filed their objection on November 3, 2014 (dkt.

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no. 15).

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This Court “may accept, reject, or modify, in whole or in part, the

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findings or recommendations made by the magistrate judge.” 28 U.S.C. §

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636(b)(1). Where a party timely objects to a magistrate judge’s report and

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recommendation, then the court is required to “make a de novo

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determination of those portions of the [report and recommendation] to which

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objection is made.” 28 U.S.C. § 636(b)(1). In light of Plaintiffs’ objection, the

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Court has engaged in a de novo review to determine whether to adopt

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Magistrate Judge Cobb’s R&R.

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The Magistrate Judge recommended dismissing this action with

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prejudice because Plaintiffs’ allegations fail to state any plausible claim for

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relief. Plaintiffs request that dismissal be without prejudice. The Court

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agrees with the Magistrate Judge that the amended complaint fails to state

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a claim. However, in light of Plaintiff’s pro se status, the Court finds that

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dismissal should be without prejudice even though Plaintiffs had been given

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an opportunity to amend. The Court therefore adopts the Magistrate

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Judge’s Recommendation in part.

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It is therefore ordered, adjudged and decreed that the Report and

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Recommendation of Magistrate Judge William G. Cobb (dkt. no. 10) be

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accepted and adopted in part.

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It is ordered that Plaintiffs’ Amended Complaint (dkt. no. 8) is
dismissed without prejudice.
It is further ordered that Plaintiffs’ Motion for Service of Summons by
United States Marshal (dkt. no. 9) is denied as moot.
DATED THIS 8th day of December 2014.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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