Igbinovia v. Hehn

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Enoma Igbinovia, Case No.: 2:22-cv-01383-JAD-EJY

4 Plaintiff Order Adopting Report and 5 v. Recommendation

6 William Hehn, et al., [ECF No. 3]

7 Defendants

8 The magistrate judge has screened pro se plaintiff Enoma Igbinovia’s “Actual Innocence 9 Civil Rights Complaint” and recommends that this action be dismissed for failure to state a claim 10 and that Igbinovia be given until October 11, 2022, to file an amended complaint and attempt to 11 cure the deficiencies in his claims.1 The deadline for any party to object to that recommendation 12 was September 22, 2022, and no party filed anything or asked to extend the deadline to do so. 13 “[N]o review is required of a magistrate judge’s report and recommendation unless objections 14 are filed.”2 Having reviewed the report and recommendation, I find good cause to adopt it, and I 15 do. 16 IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and 17 Recommendation [ECF No. 3] is ADOPTED in its entirety: 18 • Plaintiff’s First Cause of Action alleging a violation of the Fourteenth 19 Amendment against the Clark County District Attorney’s Office and his 20 defense counsel is DISMISSED with prejudice; 21 1 ECF No. 3. 22 2 Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 23 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 1 • All other claims (Plaintiff’s First Cause of Action alleging a Fourteenth 2 Amendment violation against Las Vegas Metropolitan Police Department 3 Officers, along with his Second, Third, and Fourth Causes of Action alleging 4 violations of the Eighth Amendment based on the conditions of confinement and

5 failure to protect the plaintiff from serious risk of harm from other inmates) are 6 DISMISSED without prejudice and with leave to amend by October 14, 7 2022. 8 IT IS FURTHER ORDERED that plaintiff has until October 14, 2022, to file an 9 amended complaint to cure the defects identified in the claims that are being dismissed without 10 prejudice. If plaintiff chooses to file an amended complaint to cure the defects identified in the 11 report and recommendation, he is advised that an amended complaint replaces the original 12 complaint, so the amended complaint must be complete in itself without reference back to the 13 original complaint, and he may not include a Fourteenth Amended claim against the Clark 14 County District Attorney’s Office or his defense counsel because those claims have been

15 dismissed with prejudice and without leave to amend. He must use the court’s form and write 16 the word “Amended” before “Complaint” in the caption. If plaintiff fails to file an amended 17 complaint by October 14, 2022, the court will deem that failure as his concession that he 18 cannot cure the deficiencies identified in the Report and Recommendation and will dismiss 19 this action with prejudice and close this case. 20 . . . 21 22 23 1 IT IS FURTHER ORDERED that the Clerk of Court is directed to SEND the plaintiff a 2|| copy of the Report & Recommendation [ECF No. 3] and a copy of the Court’s Pro Se Civil Rights Complaint for Non-prisoners. 4 5 re eS Dated: October 3, 2022 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23