Eltizam v. City of Las Vegas et al

Filing 39

ORDER. IT IS THEREFORE ORDERED that 35 plaintiff Nick Eltizam's motion is DENIED. Signed by Judge Andrew P. Gordon on 8/3/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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NICK M. ELTIZAM,

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Plaintiff,

ORDER DENYING MOTION

v.

(ECF No. 35)

CITY OF LAS VEGAS and LAS VEGAS
POLICE DEPARTMENT,
Defendants.

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Case No. 2:16-cv-01178-APG-CWH

Plaintiff Nick Eltizam alleges that the defendants gave him a ticket for disturbing the

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peace and he was subsequently put in jail for four months and six days. ECF No. 4 at 4. I

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previously granted defendant Las Vegas Metropolitan Police Department’s motion for summary

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judgment based on the rule announced in Heck v. Humphrey, that if a judgment in the plaintiff’s

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favor “would necessarily imply the invalidity of his conviction or sentence . . . the complaint must

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be dismissed unless the plaintiff can demonstrate that the conviction or sentence has already been

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invalidated.” 512 U.S. 477, 487 (1994). ECF No. 33.

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Eltizam filed a document that I construe as a motion for reconsideration. ECF No. 35.

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Eltizam does not provide any basis for concluding that his civil claims against the Las Vegas

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Metropolitan Police Department are not barred by Heck. I therefore deny the motion.

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IT IS THEREFORE ORDERED that plaintiff Nick Eltizam’s motion (ECF No. 35) is
DENIED.
DATED this 2nd day of August, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE