Hamilton v. Las Vegas Metro Police Department ( 2021 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Case No.: 2:21-cv-01746-JAD-EJY 4 Kevin Hamilton, 5 Plaintiff Order Adopting Report & Recommendation 6 v. 7 [ECF No. 3] Las Vegas Metro Police Department, et al., 8 9 Defendants 10 11 Kevin Hamilton brings this action against all the emergency responders, hospital staff, 12 and law enforcement personnel who encountered him during an episode he was experiencing last 13 Thanksgiving. The magistrate judge screened his complaint and entered a report and 14 recommendation for this court to dismiss all claims with limited leave to amend.1 The deadline 15 for Hamilton to object to that recommendation was December 7, 2021, and he filed no objection 16 or request to extend the deadline to do so. “[N]o review is required of a magistrate judge’s 17 report and recommendation unless objections are filed.”2 Having reviewed the R&R, I find good 18 cause to adopt it, and I do. 19 IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and 20 Recommendation [ECF No. 3] is ADOPTED in its entirety. 21 22 23 24 25 1 ECF No. 13. 26 2 Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 27 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 28 1 1 IT FURTHER ORDERED that the following claims are dismissed with prejudice and 2 without leave to amend: 3 • Plaintiff’s second cause of action for respondeat superior; 4 • His claims seeking money damages based on alleged wrongdoing of Defendants Doe I, 5 Doe II, and the Las Vegas Metropolitan Police Department in their respective official 6 capacities; 7 • His claims against the Las Vegas Metropolitan Police Department for negligent hiring, 8 supervision, and training. 9 IT IS FURTHER ORDERED that the following claims are dismissed without 10 prejudice and with leave to amend by January 8, 2022, if he can revise them to cure the 11 deficiencies identified in the report and recommendation: 12 • Fourth Amendment false imprisonment against LVMPD; 13 • Fourth Amendment false imprisonment seeking money damages against Does I and II in 14 their individual capacities; 15 • Fourth Amendment false imprisonment against Abiog, Latifeci, Hansen, Lovinger, 16 Allied, AMR, and Sunrise; 17 • Third and fourth causes of action alleging negligent hiring, training, and supervision 18 against Allied, AMR, and Sunrise; and 19 • Intentional infliction of emotional distress against any defendant. 20 Plaintiff is advised that an amended complaint replaces the original complaint, so it must 21 be complete in itself without reference back to an earlier version of the complaint. The amended 22 complaint may not include any claims other than those permitted by this order. The amended 23 complaint must be written on the Court’s form, and plaintiff must write the word “Amended” 24 above the title. If plaintiff does not file an Amended Complaint by January 8, 2022, the 25 court will construe that failure as his acknowledgement that he cannot cure the deficiencies 26 in his claims and will dismiss this case with prejudice and close it. 27 28 . . . 2 ] The Clerk of Court is directed to SEND plaintiff a civil-rights complaint form for non- 2 || prisoners and a copy of his original complaint [ECF No. 1-1]. 3 4 ceo ES A. Dorsey 5 Dated: December 9, 2021 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28