Montgomery v. Las Vegas Metropolitan Police Department et al

Filing 63

ORDER that 48 Motion is an affidavit that confirms oral representation that the state criminal proceeding has been terminated. Signed by Magistrate Judge Nancy J. Koppe on 5/7/2014. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
DISTRICT OF NEVADA
8
9

BOBBY LEE MONTGOMERY,

10

Plaintiff(s),

11

vs.

12

LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,

13
Defendant(s).
14

)
)
)
)
)
)
)
)
)
)
)

Case No. 2:12-cv-00817-MMD-NJK
ORDER
(Docket No. 48)

15

Pending before the Court is Plaintiff’s sworn affidavit that the state criminal proceeding has

16

terminated. Docket No. 48. This affidavit was filed in response to United States District Judge Miranda

17

M. Du’s order of April 19, 2013. See Docket No. 40 at 10.1 The pending affidavit confirms Plaintiff’s

18

oral representations that the criminal proceeding was dismissed and no further filings appear necessary

19

in relation to Judge Du’s denial of the motion to stay. See id. (relying on oral representation, but

20

requiring affidavit be filed confirming oral representation).

21

IT IS SO ORDERED.

22

DATED: May 7, 2014

23
______________________________________
NANCY J. KOPPE
United States Magistrate Judge

24
25
26
1

27
28

Judge Du also ordered Plaintiff to plead that the criminal proceeding was terminated as part of
his malicious prosecution claim. See id. at 8. The sufficiency of Plaintiff’s amended complaint is
separately addressed in the Report and Recommendation issued concurrently herewith.