Albanese v. Las Vegas Metropolitan Police Department

Filing 8

ORDER. IT IS HEREBY ORDERED that 7 Albanese's objection to 6 Magistrate Judge Hoffman's report and recommendation is SUSTAINED and the report and recommendation is REJECTED. The Clerk of Court is directed to SEND to Albanese a blank ap plication to proceed in forma pauperis by a non-prisoner along with instructions to complete it. Albanese has until 2/8/2018, to file a COMPLETED application to proceed in forma pauperis. Signed by Judge Jennifer A. Dorsey on 1/8/2018. (Copies have been distributed pursuant to the NEF - MR) Modified on 1/8/2018 (MR).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Grace Albanese,

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Plaintiff

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Order Sustaining Objection to Report and
Recommendation

v.

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2:17-cv-01520-JAD-CWH

Las Vegas Metropolitan Police Department,

[ECF Nos. 6, 7]

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Defendant

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Since March 9, 2016, pro se plaintiff Grace Albanese has filed 45 civil cases in this court

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against a myriad of government and law-enforcement agencies including the Las Vegas Police

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Department,1 Las Vegas Metropolitan Police Department,2 “Homeland Security,”3 Federal

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Bureau of Investigations,4 Department of Homeland Security,5 “Las Vegas Metro Police Dept,”6

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Regional Transportation Commision [sic] of Southern Nevada,7 “Homeland Security of the

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United States, LasVegas, NV,”8 and the Transportation Security Administration.9 In this

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particular case, Ms. Albanese sues the Las Vegas Metropolitan Police Department for

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“[o]bstruction of justice and denying [her] equal protection.” She alleges that when she “call

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See, e.g., 2:17-cv-01972-JAD-NJK.

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See, e.g., 2:17-cv-01973-RFB-PAL.

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See, e.g., 2:17-cv-01874-RFB-VCF.

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See, e.g., 2:17-cv-01871-JAD-VCF.

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See 2:17-cv-01287-JCM-PAL.

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See 2:17-cv-00577-GMN-PAL.

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See 2:16-cv-01882-APG-PAL.

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See 2:16-cv-00531-RFB-VCF.

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See 2:16-cv-00530-GMN-CWH.

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[sic] 311 [sic] for help, Sgt. Johnson cancelled [her] call” and told her that her neighbors in

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apartments 3 and 9 were not watching her, and that he would not allow officers to respond to her

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call.10 She demands $500,000.

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On June 8, 2017, Magistrate Judge Hoffman denied Albanese’s application to proceed in

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forma pauperis because it was incomplete, and he ordered her to file a new, completed pauper

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application.11 Four days later, Albanese filed another application, but it had the same

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deficiencies as the first, so Judge Hoffman denied it, too.12 He gave her one more chance to file a

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completed pauper application or pay the full $400 filing and warned her that failure to do so by

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July 17, 2017, would result in his recommendation that this case be dismissed.13

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That deadline came and went, and Albanese did not file another pauper application—let

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alone a completed one.14 True to his word, Judge Hoffman recommends that I dismiss this

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case.15 Ms. Albanese objects to the recommendation, arguing that “a [sic] empty envelope

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arrived at [her] address from [this court] about 3 months ago” and she had “sent it to the F.B.I.

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for finger print [sic] analysis.”16 She believes that the allegedly empty envelope was supposed to

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contain her pauper application. Accepting Albanese’s story as true, I will give her one final

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opportunity to file a completed pauper application.

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Accordingly, IT IS HEREBY ORDERED that Albanese’s objection [ECF No. 7] to

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Magistrate Judge Hoffman’s report and recommendation [ECF No. 6] is SUSTAINED and the

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report and recommendation is REJECTED.

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ECF No. 1-1.

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ECF No. 3.

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ECF No. 5.

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Id.

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See generally docket report case no. 2:17-cv-01520-JAD-CWH.

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ECF No. 6.

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ECF No. 7.

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The Clerk of Court is directed to SEND to Albanese a blank application to proceed in
forma pauperis by a non-prisoner along with instructions to complete it.

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Albanese has until February 8, 2018, to file a COMPLETED application to proceed

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in forma pauperis. If Albanese fails to comply with this court-ordered deadline, this action will

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be dismissed with prejudice without further prior notice.

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DATED: January 8, 2018.

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_______________________________
________________ ____
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U.S. District Judge Jennifer A Dorsey
S. District Judge Jennifer A.
ric dg e if

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