Madrid v. Metro Police Department

Filing 7

ORDER. The Court extends the time for Plaintiff to file an amended complaint that complies with the Court's order at Docket No. 4 , until March 9, 2017. Failure to comply will result in a recommendation of dismissal of this action without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 2/7/17. (Copies have been distributed pursuant to the NEF: copy of 4 Order to plaintiff - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RICHARD MADRID,
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Plaintiff(s),
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vs.
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METRO POLICE DEPARTMENT, et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:16-cv-02995-APG-NJK
ORDER
(Docket No. 6)

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On December 27, 2016, Plaintiff filed an application to proceed in forma pauperis, along

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with a complaint. Docket No. 1. On January 9, 2017, the Court granted Plaintiff’s application to

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proceed in forma pauperis, but dismissed his complaint with leave to amend for failure to state a

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claim upon which relief may be granted. Docket No. 4. In inviting Plaintiff to submit an amended

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complaint, the Court explicitly advised him that “the Court cannot refer to a prior pleading (i.e., his

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original Complaint) in order to make the Amended Complaint complete.” Id. at 4. The Court further

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advised Plaintiff that if he submitted an amended complaint, “each claim and each defendant must

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be sufficiently alleged.” Id. Finally, the Court warned that failure to comply with the order would

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result in the recommended dismissal of Plaintiff’s case. Id.

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Plaintiff has now filed what he identifies as a response to the Court’s notice at Docket No.

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3. Docket No. 6. Plaintiff states that “[t]he information provided in this mailing contains

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attachments labeled A, B, & C which, along with other information in addition to the original

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complaint responds to the Court’s request.” Id. at 1. The Court construes this filing as a response

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to its screening order at Docket No. 4, as Docket No. 3 is simply a notice advising Plaintiff that his

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original complaint was received. See Docket No. 3 (“Please be advised that the papers you recently

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sent the court have been received . . . Your case has been submitted for review and action by a

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judicial officer”).

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The Court therefore extends the time for Plaintiff to file an amended complaint that complies

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with the Court’s order at Docket No. 4, until March 9, 2017. Failure to comply will result in a

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recommendation of dismissal of this action without prejudice. The Court INSTRUCTS the Clerk’s

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Office to mail Plaintiff a second copy of its order at Docket No. 4 to assist Plaintiff in complying

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with its requirements.

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IT IS SO ORDERED.

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Dated: February 7, 2017

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________________________________________
NANCY J. KOPPE
United States Magistrate Judge

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