Opinion
2:21-cv-00596-APG-DJA
01-18-2022
JOSHUA DALKE, Plaintiff v. METRO POLICE DEPARTMENT, Defendant
ORDER ACCEPTING REPORT AND RECOMMENDATION
[ECF NOS. 6, 7, 9-11]
ANDREW P. GORDON, UNITED STATES DISTRICT JUDGE
On September 20, 2021, Magistrate Judge Albregts recommended I dismiss this case with prejudice because plaintiff Joshua Dalke's claims are clearly time-barred and he provided nothing to show the limitation period has not run or that equitable tolling applies. ECF No. 11. I accepted the recommendation because Dalke did not object. ECF No. 12. Dalke subsequently wrote a letter to the court stating he did not receive Judge Albregts' Report & Recommendation. I therefore reopened the case and allowed Dalke to file an objection. ECF No. 15. Dalke filed an objection (ECF No. 16) after the extended deadline, but I have considered it as if it was timely filed.
I have conducted a de novo review of the issues set forth in Judge Albregts' Report & Recommendation under Local Rule IB 3-2. The Report & Recommendation sets forth the proper legal analysis and factual basis for the decision, and I accept and adopt it as my own.
I THEREFORE ORDER that Magistrate Judge Albregts' Report & Recommendation (ECF No. 11) is, again, accepted, the amended complaint (ECF No. 5) is dismissed with prejudice, and all other pending motions (ECF Nos. 6-7, 9-10) are denied as moot.
I FURTHER ORDER the clerk of court to enter judgment accordingly and to close this case.