Cepero v. Las Vegas Metropolitan Police Department, 2:11-cv-01421-JAD-GWF. (2018)
Court: District Court, D. Nevada
Number: infdco20181105919
Visitors: 18
Filed: Oct. 31, 2018
Latest Update: Oct. 31, 2018
Summary: Order Adopting Report & Recommendation [ECF Nos. 111, 122] JENNIFER A. DORSEY , District Judge . This seven-year-old excessive-force case returns to this court after the Ninth Circuit reversed a 2014 dismissal order. 1 Plaintiff Billy Cepero moved for leave to amend his complaint, 2 and Magistrate Judge George Foley, Jr., granted that motion in part, denied it in part without prejudice, and recommends that I deny with prejudice Cepero's request to allege claims against Doe Defendants I-X
Summary: Order Adopting Report & Recommendation [ECF Nos. 111, 122] JENNIFER A. DORSEY , District Judge . This seven-year-old excessive-force case returns to this court after the Ninth Circuit reversed a 2014 dismissal order. 1 Plaintiff Billy Cepero moved for leave to amend his complaint, 2 and Magistrate Judge George Foley, Jr., granted that motion in part, denied it in part without prejudice, and recommends that I deny with prejudice Cepero's request to allege claims against Doe Defendants I-XX..
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Order Adopting Report & Recommendation
[ECF Nos. 111, 122]
JENNIFER A. DORSEY, District Judge.
This seven-year-old excessive-force case returns to this court after the Ninth Circuit reversed a 2014 dismissal order.1 Plaintiff Billy Cepero moved for leave to amend his complaint,2 and Magistrate Judge George Foley, Jr., granted that motion in part, denied it in part without prejudice, and recommends that I deny with prejudice Cepero's request to allege claims against Doe Defendants I-XX because those claims would not relate back to the original complaint and the statute of limitations on them has long since passed, so amendment would be futile.3 The deadline for Cepero to object to that recommendation was yesterday, and Cepero filed nothing. "[N]o review is required of a magistrate judge's report and recommendation unless objections are filed."4 Having reviewed the R&R, I find good cause to adopt the magistrate judge's recommendation, and I do.
Accordingly, IT IS HEREBY ORDERED that the Magistrate Judge's Recommendation [ECF No. 122] is ADOPTED; Cepero's request to allege claims against Doe Defendants I-XX is DENIED with prejudice because that amendment would be futile.
FootNotes
1. ECF No. 84.
2. ECF No. 111.
3. ECF No. 122 at 16, 18.
4. 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).
Source: Leagle
