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 v. 5 Order Adopting Report and William Hehn, et al., Recommendation 6 Defendants [ECF Nos. 6] 7

8 Pro se plaintiff Enoma Igbinovia brings suit against various police officers and 9 caseworkers for the circumstances surrounding his arrest and conviction for robbery in 1997 and 10 the conditions of his confinement while he was incarcerated for that offense. The magistrate 11 judge screened Igbinovia’s complaint under 28 U.S.C. § 1915 and determined that one of his 12 claims could proceed as pled, but recommended that another claim be dismissed with prejudice 13 and yet another be dismissed with leave to amend. The deadline for any party to object to that 14 recommendation was May 23, 2023,1 and no party filed anything or asked to extend the deadline 15 to do so. “[N]o review is required of a magistrate judge’s report and recommendation unless 16 objections are filed.”2 Having reviewed the report and recommendation, I find good cause to 17 adopt it, and I do. 18 IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation 19 [ECF No. 6] is ADOPTED in its entirety. This case proceeds on Igbinovia’s Fourteenth 20 Amendment claim against Las Vegas Metropolitan Police Officers Hehn, Sacra, 21 1 See ECF No. 9 (order extending objection deadline). 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} Chaparian, and Berni. Igbinovia’s Fourth Amendment claim against the Clark County District Attorney’s Office and his defense counsel is DISMISSED with prejudice. 3 If Igbinovia wishes to replead his second, third, and fourth causes of action alleging 4|| violations of the Eighth Amendment based on the conditions of his confinement, he may file an 5] amended complaint by June 30, 2023. If he does not file an amended complaint, this case will 6] proceed only on his Fourteenth Amendment claims against the police officers. 7 Igbinovia is advised that any amended complaint that is filed with the court must be complete in itself without reference to prior filings. Any allegations, parties, or requests for 9|| relief from prior papers that are not carried forward and reasserted in the amended complaint will 10||be deemed abandoned. So, if Igbinovia files an amended complaint, it must include his Fourteenth Amendment claim against the police officers, as well as any claims he wishes to 12] replead in accordance with the magistrate judge’s findings in her report and recommendation.

US. District Jndge emir A Boney 15 lay 20, 2023 16 17 18 19 20 21 22 23