Gorman v. Tamaso ( 2024 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 Case No. 2:22-cv-01678-JAD-NJK 8 RICKEY LEE GORMAN, 9 Plaintiff(s), ORDER ADOPTING REPORT AND RECOMMENDATION 10 v. 11 BRITTANY TAMASO, et al., ECF No. 28 12 Defendant(s). 13 On June 24, 2024, the magistrate judge entered the following report and 14 recommendation: 15 On May 2, 2024, the Court screened Plaintiff’s amended complaint. Docket No. 20; 16 see also Docket No. 25 (corrected order). The Court determined that a colorable claim had been 17 stated against Defendant Tamaso and Defendant Goldberg regarding the conditions during 18 Plaintiff’s interrogation. Docket No. 25 at 7. The Court determined that a colorable claim 19 had not been stated against the myriad other claims and Defendants named in the amended 20 complaint. See id. at 2-6, 8-11. The Court afforded Plaintiff leave to amend with respect to 21 these other claims and defendants. Id. The Court warned that a failure to amend would result in 22 the case moving forward as to only the claim against Defendant Tamaso and Defendant 23 Goldberg regarding the conditions during Plaintiff’s interrogation. Id. at 12. The deadline to 24 amend expired on June 17, 2024. See Docket No. 24 (granting extension request). To date, 25 Plaintiff has not filed a further amended complaint. 26 Accordingly, for the reasons stated in the prior screening order (Docket No. 25 at 2-6, 8- 27 11), the undersigned RECOMMENDS that all claims and all Defendants be dismissed except for 28 1} the claim against Defendant Tamaso and Defendant Goldberg regarding the conditions during Plaintiffs interrogation.’ 3 Dated: June 24, 2024 4 Zo ASS EE. 5 Uaitel Siatee Mdgistrate Judge 6 7 8 ORDER ADOPTING REPORT AND RECOMMENDATION 9 The deadline for plaintiff Rickey Lee Gorman to object to this recommendation was July 10] 8, 2024, and Gorman didn’t object or ask to extend the deadline to do so. “[N]o review is 11] required of a magistrate judge’s report and recommendation unless objections are filed.” United 12] States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Having reviewed the report and 13] recommendation, I find good cause to adopt it, and Ido. IT IS THEREFORE ORDERED 14| that the Magistrate Judge’s Report and Recommendation [ECF No. 28] is ADOPTED in 15] its entirety. All claims and defendants in this case are DISMISSED EXCEPT for 16] the claim against Defendants Tamaso and Goldberg regarding the conditions during plaintiff's interrogation. Gorman is reminded that he has until September 22, 2024, to 18] serve these defendants with process. 19 21 US. Disttivt ic haat Dome » Dated: July 10, 2024 23 24 25 26 27 ! Concurrently herewith, the Court is issuing an order so that the case can proceed as to the claim against Defendant Tamaso and Defendant Goldberg regarding the conditions during 28] Plaintiff's interrogation.