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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Grace Albanese, 5 Plaintiff 6 Order Sustaining Objection to Report and Recommendation v. 7 2:17-cv-01520-JAD-CWH Las Vegas Metropolitan Police Department, [ECF Nos. 6, 7] 8 Defendant 9 10 Since March 9, 2016, pro se plaintiff Grace Albanese has filed 45 civil cases in this court 11 against a myriad of government and law-enforcement agencies including the Las Vegas Police 12 Department,1 Las Vegas Metropolitan Police Department,2 “Homeland Security,”3 Federal 13 Bureau of Investigations,4 Department of Homeland Security,5 “Las Vegas Metro Police Dept,”6 14 Regional Transportation Commision [sic] of Southern Nevada,7 “Homeland Security of the 15 United States, LasVegas, NV,”8 and the Transportation Security Administration.9 In this 16 particular case, Ms. Albanese sues the Las Vegas Metropolitan Police Department for 17 “[o]bstruction of justice and denying [her] equal protection.” She alleges that when she “call 18 1 See, e.g., 2:17-cv-01972-JAD-NJK. 20 2 See, e.g., 2:17-cv-01973-RFB-PAL. 21 3 See, e.g., 2:17-cv-01874-RFB-VCF. 22 4 See, e.g., 2:17-cv-01871-JAD-VCF. 23 5 See 2:17-cv-01287-JCM-PAL. 6 See 2:17-cv-00577-GMN-PAL. 7 See 2:16-cv-01882-APG-PAL. 8 See 2:16-cv-00531-RFB-VCF. 9 See 2:16-cv-00530-GMN-CWH. 19 24 25 26 27 28 1 [sic] 311 [sic] for help, Sgt. Johnson cancelled [her] call” and told her that her neighbors in 2 apartments 3 and 9 were not watching her, and that he would not allow officers to respond to her 3 call.10 She demands $500,000. 4 On June 8, 2017, Magistrate Judge Hoffman denied Albanese’s application to proceed in 5 forma pauperis because it was incomplete, and he ordered her to file a new, completed pauper 6 application.11 Four days later, Albanese filed another application, but it had the same 7 deficiencies as the first, so Judge Hoffman denied it, too.12 He gave her one more chance to file a 8 completed pauper application or pay the full $400 filing and warned her that failure to do so by 9 July 17, 2017, would result in his recommendation that this case be dismissed.13 10 That deadline came and went, and Albanese did not file another pauper application—let 11 alone a completed one.14 True to his word, Judge Hoffman recommends that I dismiss this 12 case.15 Ms. Albanese objects to the recommendation, arguing that “a [sic] empty envelope 13 arrived at [her] address from [this court] about 3 months ago” and she had “sent it to the F.B.I. 14 for finger print [sic] analysis.”16 She believes that the allegedly empty envelope was supposed to 15 contain her pauper application. Accepting Albanese’s story as true, I will give her one final 16 opportunity to file a completed pauper application. 17 Accordingly, IT IS HEREBY ORDERED that Albanese’s objection [ECF No. 7] to 18 Magistrate Judge Hoffman’s report and recommendation [ECF No. 6] is SUSTAINED and the 19 report and recommendation is REJECTED. 20 21 10 ECF No. 1-1. 22 11 ECF No. 3. 12 ECF No. 5. 13 Id. 14 See generally docket report case no. 2:17-cv-01520-JAD-CWH. 27 15 ECF No. 6. 28 16 ECF No. 7. 23 24 25 26 2 1 2 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. 3 Albanese has until February 8, 2018, to file a COMPLETED application to proceed 4 in forma pauperis. If Albanese fails to comply with this court-ordered deadline, this action will 5 be dismissed with prejudice without further prior notice. 6 DATED: January 8, 2018. 7 _______________________________ ________________ ____ _ _____ _ ___ ___ ____ U.S. District Judge Jennifer A Dorsey S. District Judge Jennifer A. ric dg e if 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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