King v. City of Henderson

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA Daniel S. King, Case No. 2:19-cv-01129-JAD-BNW 4 Plaintiff v. Order Adopting Report and 5 Recommendation City of Henderson, 6 [ECF Nos. 9, 18, 36] Defendant 8 City of Henderson police officer Daniel King brings this employment-discrimination suit against his employer, alleging claims of discrimination and retaliation. The City moves to dismiss his claims, and King moves to amend his complaint.1 Magistrate Judge Brenda Weksler has evaluated the parties’ respective motions and recommends that I grant the City’s motion to dismiss in part, dismissing his retaliation claim, and that I deny King’s motion to amend because his proposed amendment is futile.2 14 The deadline for objections to that recommendation passed without objection or any request to extend the deadline to file one. “[N]o review is required of a magistrate judge’s report and recommendation unless objections are filed.”3 17 So, with good cause appearing, IT IS HEREBY ORDERED that the magistrate judge’s report and recommendation [ECF No. 36] is ADOPTED in full; 19 The Defendant’s Motion to Dismiss [ECF No. 9] is GRANTED IN PART AND DENIED IN PART in that plaintiff’s second claim for relief (retaliation) is DISMISSED ECF Nos. 9 (motion to dismiss), 18 (countermotion for leave to amend).

2 ECF No. 36.

3 Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

1}| without prejudice and with leave to amend by August 10, 2020, if King can remedy the deficiencies identified in the Report and Recommendation [ECF No. 36]. The motion to dismiss denied in all other respects. If King does not file an amended complaint by August 10, 2020, 4|| this case will proceed only on plaintiff’s first and third claims, and the City will then have until August 20, 2020, to file its answer.

6 IT IS FURTHER ORDERED that King’s Countermotion for Leave of Court to File First 7\| Amended Complaint [ECF No. 18] is DENIED.

Ts Daa U.S. District Judge-JenniferA. Dorsey 9 Dated: July 21, 2020