Enricque Franco v. Dax Lopez, et al.

Summary

The United States District Court for the District of Nevada adopted a magistrate judge’s Report and Recommendation after no objections were filed. The court dismissed Claims 1, 2, 6, and 9 with prejudice; dismissed Claim 8 as improperly joined while allowing it to be brought in a separate action; and dismissed Claims 3, 4, 5, and 7 without prejudice with leave to amend.

Holdings

1. Because no objections were filed, the district court was not required to conduct de novo or any other review of the Report and Recommendation, and the court nevertheless reviewed the record and concurred with the magistrate judge's recommendation.
2. Claims 1, 2, 6, and 9 were dismissed with prejudice.
3. Claim 8 was dismissed as improperly joined, and the plaintiff was granted leave to assert the claim in a separate action.
4. Claims 3, 4, 5, and 7 were dismissed without prejudice with leave to amend.

Questions Presented

1. What level of review was required when no party objected to the magistrate judge's Report and Recommendation?
2. Whether the magistrate judge's recommended dispositions of the asserted claims should be adopted.
3. Whether Claim 8 should be dismissed as improperly joined and whether the plaintiff should be permitted to bring it in a separate action.

Disposition

other