Bellow v. Henderson Police Department

D. Nevada

Bellow v. Henderson Police Department

District Court, D. Nevada·Decided January 13, 2023·No. 2:22-cv-01144·Unknown

Opinion

3 Armanna J. Bellow, Case No.: 2:22-cv-01144-JAD-EJY

4 Plaintiff Order Adopting Report and 5 v. Recommendation to Dismiss Action with Prejudice 6 Henderson Police Department, [ECF Nos. 25, 26] 7 Defendant

8 Pro se plaintiff Armanna J. Bellow filed this action against the Henderson Police 9 Department (HPD) in state court, alleging that he was the victim of a “false arrest” and excessive 10 force.1 Because the nature of Bellow’s allegations is federal, the HPD removed this suit to the 11 federal court and ultimately moved to dismiss it for failure to state a claim.2 I granted the motion 12 and gave Bellow leave to amend his complaint so that he may have one more chance to attempt 13 to state a plausible claim for relief.3 Bellow filed an amended complaint, styled as a motion,4 14 and the magistrate judge has screened it, determined that Bellow still has not stated a plausible 15 claim for relief, and recommends that I now dismiss this case with prejudice because Bellow 16 cannot establish a viable cause of action on these facts.5 17 The deadline for objections to that recommendation passed without objection or any 18 request to extend the deadline to file one. “[N]o review is required of a magistrate judge’s report 19 20

21 1 ECF No. 1. 2 ECF No. 9. 22 3 ECF No. 24. 23 4 ECF No. 25 5 ECF No. 26. 1|| and recommendation unless objections are filed.”® Having reviewed the report and 2|| recommendation de novo, I find good cause to adopt it, and I do. 3 Accordingly, IT IS HEREBY ORDERED that the magistrate judge’s report and recommendation [ECF No. 26] is ADOPTED in full and the motion to amend [ECF No. 25] is 5] DENIED; 6 IT IS FURTHER ORDERED THAT this case is dismissed with prejudice for the reasons stated in the report and recommendation. The Clerk of Court is directed to ENTER JUDGMENT ACCORDINGLY and CLOSE THIS CASE. : USS. District Judge] ennifer A/ Dorsey 10 January 13, 2023 1] 12 13 14 15 16 17 18 19 20 21 22 23 6 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).

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3 Armanna J. Bellow, Case No.: 2:22-cv-01144-JAD-EJY

4 Plaintiff Order Adopting Report and 5 v. Recommendation to Dismiss Action with Prejudice 6 Henderson Police Department, [ECF Nos. 25, 26] 7 Defendant

8 Pro se plaintiff Armanna J. Bellow filed this action against the Henderson Police 9 Department (HPD) in state court, alleging that he was the victim of a “false arrest” and excessive 10 force.1 Because the nature of Bellow’s allegations is federal, the HPD removed this suit to the 11 federal court and ultimately moved to dismiss it for failure to state a claim.2 I granted the motion 12 and gave Bellow leave to amend his complaint so that he may have one more chance to attempt 13 to state a plausible claim for relief.3 Bellow filed an amended complaint, styled as a motion,4 14 and the magistrate judge has screened it, determined that Bellow still has not stated a plausible 15 claim for relief, and recommends that I now dismiss this case with prejudice because Bellow 16 cannot establish a viable cause of action on these facts.5 17 The deadline for objections to that recommendation passed without objection or any 18 request to extend the deadline to file one. “[N]o review is required of a magistrate judge’s report 19 20

21 1 ECF No. 1. 2 ECF No. 9. 22 3 ECF No. 24. 23 4 ECF No. 25 5 ECF No. 26. 1|| and recommendation unless objections are filed.”® Having reviewed the report and 2|| recommendation de novo, I find good cause to adopt it, and I do. 3 Accordingly, IT IS HEREBY ORDERED that the magistrate judge’s report and recommendation [ECF No. 26] is ADOPTED in full and the motion to amend [ECF No. 25] is 5] DENIED; 6 IT IS FURTHER ORDERED THAT this case is dismissed with prejudice for the reasons stated in the report and recommendation. The Clerk of Court is directed to ENTER JUDGMENT ACCORDINGLY and CLOSE THIS CASE. : USS. District Judge] ennifer A/ Dorsey 10 January 13, 2023 1] 12 13 14 15 16 17 18 19 20 21 22 23 6 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).

Bellow v. Henderson Police Department, (D. Nev. 2023).

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