Kurtze v. State of Nevada et al

Filing 8

ORDER that Plaintiff's motion to amend (ECF No. 7 ) is denied. Signed by Judge Miranda M. Du on 10/16/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GIOVANNI K. KURTZE,

Case No. 2:17-cv-00566-MMD-VCF
Plaintiff,

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ORDER

v.
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STATE OF NEVADA, et al.,
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Defendants.
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Plaintiff Giovanni K. Kurtze filed a motion consisting of two sentences in which he

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asserts that this case was dismissed for failure to effect service and requests that this case

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be reopened. (ECF No. 7 at 1.) However, the Court actually dismissed Plaintiff’s Complaint

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under Heck v. Humphrey, 512 U.S. 477 (1994), because Plaintiff was “attempting to

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challenge the validity of his conviction by challenging the actions and decisions of the

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district attorney who handled his conviction.” (ECF No. 4 at 4.) In addition, although the

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motion is titled “motion to amend,” Plaintiff does not attach any proposed amended

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pleadings. (See ECF No. 7.)

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It is therefore ordered that Plaintiff’s motion to amend (ECF No. 7) is denied.

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DATED THIS 16th day of October 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE