Docouto et al v. Nanz et al

Filing 9

ORDER that 5 Informative Motion is DENIED without prejudice. Signed by Magistrate Judge George Foley, Jr on 3/25/14. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ALBERTO DOCOUTO,

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Plaintiff,
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vs.
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DAVID G. NANZ, et al.,
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Defendant.
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__________________________________________)

Case No. 2:13-cv-01765-MMD-GWF
ORDER
Informative Motion (#5)

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This matter comes before the Court on Plaintiff Alberto Docouto’s (“Plaintiff”) Informative
Motion (#5), filed on September 26, 2013.

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Plaintiff previously filed a Complaint on April 26, 2013, alleging violations of 42 U.S.C. §

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1983, 28 U.S.C § 1331, and the “Tort Claim Act” in case number 2:13-cv-00711-GMN-VCF. The

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prior Complaint was dismissed without prejudice during screening for failure to provide the court

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with sufficient factual material supporting his claims. Plaintiff asserts his detention on immigration

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status prevented him from filing an amended complaint within the specified time period. Plaintiff,

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therefore, filed the current Application to Proceed in Forma Pauperis (#3) and Complaint (#3-1) on

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September 26, 2013, and brings this present motion (#5) requesting the clerk stamp and process the

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aforementioned Complaint (#3-1) and issue summons to the named defendants.

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Upon granting a request to proceed in forma pauperis, a court must additionally screen a

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complaint pursuant to 28 U.S.C. § 1915(e). Because Plaintiff’s Application to Proceed in Forma

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Pauperis (#3) and Complaint (#3-1) have not yet advanced the screening stage, the Court must deny

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Plaintiff’s Motion (#5) at this time. Accordingly,

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...

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IT IS HEREBY ORDERED that Plaintiff’s Informative Motion (#5) is denied without
prejudice.
DATED this 25th day of March, 2014.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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