Raja v. Las Vegas Metropolitan Police Department

District Court, D. Nevada

Raja v. Las Vegas Metropolitan Police Department

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 NOSHERWAN KHAN RAJA, ) 4 ) Plaintiff, ) Case No.: 2:19-cv-00757-GMN-EJY 5 vs. ) 6 ) ORDER LAS VEGAS METROPOLITAN POLICE ) 7 DEPARTMENT, ) ) 8 Defendant. ) ) 9 10 Pending before the Court is the Report and Recommendation of the Honorable United 11 States Magistrate Judge Elayna J. Youchah, (ECF No. 11), which states that Plaintiff 12 Nosherwan Khan Raja’s (“Plaintiff”) Amended Complaint, (ECF No. 10), should be dismissed 13 without prejudice with leave to amend. Further, the Report and Recommendation states that 14 Plaintiff should be given 30 days to file a second amended complaint. (R. & R. at 2, ECF No. 15 11). 16 A party may file specific written objections to the findings and recommendations of a 17 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 18 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 19 determination of those portions to which objections are made.

Id.

The Court may accept, reject, 20 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 21

28 U.S.C. § 636

(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 22 not required to conduct “any review at all . . . of any issue that is not the subject of an 23 objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985). Indeed, the Ninth Circuit has recognized 24 that a district court is not required to review a magistrate judge’s report and recommendation 25 where no objections have been filed. See, e.g., United States v. Reyna-Tapia,

328 F.3d 1114

, 1 1122 (9th Cir. 2003). 2 Here, no objections were filed, and the deadline to do so has passed. 3 Accordingly, 4 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 11), is 5 ACCEPTED and ADOPTED in full. 6 IT IS FURTHER ORDERED that Plaintiff’s Amended Complaint, (ECF No. 10), is 7 DISMISSED without prejudice with leave to amend. 8 IT IS FURTHER ORDERED that Plaintiff has thirty (30) days from the date of this 9 Order to file a second amended complaint correcting the deficiency identified in the Report and 10 Recommendation, with the following admonishment: Plaintiff is advised that if he files a 11 second amended complaint, the Amended Complaint, (ECF No. 10), no longer serves any 12 function in this case. As such, the second amended complaint must be complete in and of itself 13 without reference to prior pleadings or other documents. The Court cannot refer to a prior 14 pleading or other documents to make Plaintiff’s second amended complaint complete. Failure 15 to comply with this Order shall result in a recommendation from Judge Youchah that this case 16 be dismissed. 17 DATED this 2__8_ day of September, 2020. 18 19 ___________________________________ Gloria M. Navarro, District Judge 20 United States District Court 21 22 23 24 25

Reference

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