Opinion
C22-5064-JCC
01-10-2023
DARYL ROGERS, Plaintiff, v. CLARK COUNTY CORRECTIONS, et al., Defendants.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT CLARK COUNTY'S MOTION TO DISMISS
JOHN C. COUGHENOUR, United States District Judge.
The Court, having reviewed Plaintiff's complaint, Defendant Clark County's motion to dismiss, the Report and Recommendation of the Honorable S. Kate Vaughan, United States Magistrate Judge, any objections thereto, and the remaining record, hereby finds and ORDERS as follows:
(1) The Report and Recommendation is approved and adopted.
(2) Defendant Clark County's motion to dismiss (Dkt. 9) is GRANTED as to Plaintiff's state law claims, his Americans with Disabilities Act (“ADA”) and Rehabilitation Act (“RA”) claims, and his respondeat superior claim. Defendant's motion is DENIED to the extent Defendant seeks dismissal of this action based upon improper service of the complaint and the statute of limitations.
(3) Plaintiff's complaint (Dkt. 6) is DISMISSED with prejudice as to his state law claims, and as to his claims against Clark County Corrections and the Clark County Sheriff's Office. Plaintiff's complaint is dismissed without prejudice as to his ADA/RA claims, his respondeat superior claim, and the federal constitutional claims asserted against the individual Defendants listed in his complaint. As to those claims that are dismissed without prejudice, Plaintiff is granted leave to file an amended complaint within thirty (30) days of this Order, curing the defects in those claims as described in Judge Vaughan's Report and Recommendation.
(4) The Clerk is directed to send copies of this Order to Plaintiff, to counsel for Defendant, and to the Honorable S. Kate Vaughan.