Danam v. Elaine Kelley

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Rafael Danam, Case No. 2:19-cv-01606-JAD-DJA 4 Plaintiff v. Order Adopting Report and 5 Recommendation and Dismissing Case Elaine Kelley, et al., 6 [ECF No.34] Defendants 7 8 Rafael Danam sues Elaine Kelley, the principal of his former employer, the Somerset 9 Academy Aliante Charter School, asserting constitutional and employment-related claims. 10 Because Danam was granted in forma pauperis status, the court screened his complaint; upon 11 doing so, it dismissed thatcomplaint with a detailed explanation of its deficiencies and gave 12 Danam leave to amend—twice.1 The magistrate judge has screened Danam’s second-amended 13 complaint2 and concluded that, despite the court’s guidance, Danam remains unable to state a 14 claim for relief under federal law.3 Deeming any further attempt at amendment futile, the 15 magistrate judge recommends that I dismiss this action, leaving open Danam’s opportunity to 16 bring his state-law claims in state court.4 The deadline for objections to that recommendation 17 passed without objectionor any request to extend the deadline to file one. “[N]o review is 18 required of a magistrate judge’s report and recommendation unless objections are filed.”5 19 20 1 ECF Nos.5, 23. 21 2 ECF No. 24. 22 3 ECF No. 34. 4 Id. at 4. 23 5 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). ] IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation 2|| [ECF No. 34] is ADOPTED in full. 3 IT IS FURTHER ORDERED THAT this case is DISMISSED. The Clerk of Court is 4|| directed to ENTER JUDGMENT ACCORDINGLY and CLOSE THIS CASE. If Danam wishes 5||to pursue his state-law claims, he must file them in state court. 6 Dated: April 14, 2020 moms USS. District Judge Jennifer’A. Dorsey 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23