Andrews v. City of Omaha Police Department et al

Filing 20

MEMORANDUM AND ORDER - The defendants' motion (Filing No. 13 ) is denied. The plaintiff's motion (Filing No. 17 ) is granted. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL ANDREWS,
Plaintiff,
v.
LUCIANO RIZZO, Officer, and
MICHAEL BELCASTRO, City of
Omaha Police Department
Officer,
Defendants.

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8:14CV285

MEMORANDUM AND ORDER

This matter is before the Court on defendants’ motion
(Filing No. 13) to dismiss the complaint for failure to state a
claim and plaintiff’s motion (Filing No. 17) to deny the
defendants’ motion.

After reviewing the amended complaint

(Filing No. 6) and supporting material (Filing No. 7), the Court
allowed the plaintiff proceed with service of process on
defendants in their individual capacities for violating Andrews’
right to procedural due process (Filing No. 8, at 3-4).
claim remains (Id., at 5-6).

No other

The defendants have raised no new

issue concerning procedural due process since the Court’s prior
order.1

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The Court will not rule on the statute of limitation
issue until evidence is adduced as to the time of filing and the
incident.

IT IS ORDERED:
1) The defendants’ motion (Filing No. 13) is denied.
2) The plaintiff’s motion (Filing No. 17) is granted.
DATED this 14th day of July, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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