Danam v. Elaine Kelley

Opinion

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