King v. City of Henderson

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 Daniel S. King, Case No. 2:19-cv-01129-JAD-BNW

4 Plaintiff v. Order Adopting Report and 5 Recommendation City of Henderson, 6 [ECF Nos. 9, 18, 36] Defendant 7

8 City of Henderson police officer Daniel King brings this employment-discrimination suit 9 against his employer, alleging claims of discrimination and retaliation. The City moves to 10 dismiss his claims, and King moves to amend his complaint.1 Magistrate Judge Brenda Weksler 11 has evaluated the parties’ respective motions and recommends that I grant the City’s motion to 12 dismiss in part, dismissing his retaliation claim, and that I deny King’s motion to amend because 13 his proposed amendment is futile.2 14 The deadline for objections to that recommendation passed without objection or any 15 request to extend the deadline to file one. “[N]o review is required of a magistrate judge’s report 16 and recommendation unless objections are filed.”3 17 So, with good cause appearing, IT IS HEREBY ORDERED that the magistrate judge’s 18 report and recommendation [ECF No. 36] is ADOPTED in full; 19 The Defendant’s Motion to Dismiss [ECF No. 9] is GRANTED IN PART AND 20 DENIED IN PART in that plaintiff’s second claim for relief (retaliation) is DISMISSED 21

22 1 ECF Nos. 9 (motion to dismiss), 18 (countermotion for leave to amend). 2 ECF No. 36. 23 3 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). 1}| without prejudice and with leave to amend by August 10, 2020, if King can remedy the deficiencies identified in the Report and Recommendation [ECF No. 36]. The motion to dismiss denied in all other respects. If King does not file an amended complaint by August 10, 2020, 4|| this case will proceed only on plaintiff’s first and third claims, and the City will then have until August 20, 2020, to file its answer. 6 IT IS FURTHER ORDERED that King’s Countermotion for Leave of Court to File First 7\| Amended Complaint [ECF No. 18] is DENIED. Ts Daa U.S. District Judge-JenniferA. Dorsey 9 Dated: July 21, 2020 10 11 12 13 14 15 16 17 18 19 20 21 22 23