Marvik v. Washoe County et al

Filing 12

ORDER adopting and accepting # 9 Report and Recommendation, and P's # 1 IFP application is GRANTED. FURTHER ORD the Clerk shall file the Complaint (# 1 -3). FURTHER ORD that P's # 8 motion is DENIED as moot. FURTHER ORD the Clerk sh all add the following additional Ds to the caption: Jim Leslie, Nicole Moschello, Washoe County Sheriffs Department, Officer Tingley, and Officer Youngblood. FURTHER ORD Counts and parties are DISMISSED with prejudice or allowed to PROCEED as specif ied herein. ( see pdf order for specifics ) FURTHER ORD amended complaint is due by 8/9/2012, denoted by P as "AMENDED COMPLAINT" with case number above. Signed by Judge Miranda M. Du on 7/10/2012. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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STEVEN T. MARVIK,

Case No. 3:11-cv-00754-MMD-WGC
Plaintiff,

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v.

ORDER

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WASHOE COUNTY, et al.
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Defendant.
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Before this Court is the Report and Recommendation of U.S. Magistrate Judge

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William G. Cobb (dkt. no. 9) entered on April 17, 2012, recommending granting Plaintiff’s

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application for leave to proceed in forma pauperis (dkt. no. 1) filed on October 18, 2011.

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No objection to the Report and Recommendation has been filed.

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referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)B and Local Rule 1B

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1-4 of the Rules of Practice of the United States District Court for the District of Nevada.

The action was

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The Court has conducted its de novo review in this case, has fully considered the

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pleadings and memoranda of the parties and other relevant matters of record pursuant

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to 28 U.S.C. § 636 (b) (1) (B) and Local Rule IB 3-2. The Court determines that the

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Magistrate Judge’s Report and Recommendation (dkt. no. 9) entered on April 17, 2012,

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should be adopted and accepted.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and

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Recommendation (dkt. no. 9) entered on April 17, 2012, is adopted and accepted, and

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Plaintiff’s application for leave to proceed in forma pauperis (dkt. no. 1) is GRANTED.

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The movant herein is permitted to maintain this action to conclusion without the

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necessity of prepayment of fees or costs. However, this order does not extend to the

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issuance of subpoenas at government expense.

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IT IS FURTHER ORDERED that the Clerk shall file the Complaint (dkt. no. 1-3).

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IT IS FURTHER ORDERED that Plaintiff’s motion requesting a decision on his in

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forma pauperis application (dkt. no. 8) is DENIED as moot.

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IT IS FURTHER ORDERED that the Clerk’s Office shall add the following

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additional defendants to the caption: Jim Leslie, Nicole Moschello, Washoe County

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Sheriff’s Department, Officer Tingley, and Officer Youngblood.

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IT IS FURTHER ORDERED that Counts I-IV, VI-VII, and IX-XI, and therefore, the

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following defendants: Washoe County, Public Defender’s Office, District Attorney’s

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Office, Washoe County Detention Center, Harold G. Albright, Jim Leslie, and Nicole

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Moschello, are DISMISSED with prejudice.
IT IS FURTHER ORDERED that Jim Leslie is DISMISSED with prejudice from

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Count V.
IT IS FURTHER ORDERED that the state law negligence claim in Count V is

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DISMISSED with leave to amend to identify the proper defendant.

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IT IS FURTHER ORDERED that the claim for deliberate indifference to a serious

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medical need under the Eighth and Fourteenth Amendments in Count V is DISMISSED

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with leave to amend.
IT IS FURTHER ORDERED that the Fourth and Fourteenth Amendment claim

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related to an alleged unreasonable search in Count VIII is DISMISSED with prejudice.

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IT IS FURTHER ORDERED that Plaintiff is allowed to PROCEED with his Fourth

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Amendment excessive force claim against Officers Tingley and Youngblood in Count

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VIII.

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IT IS FURTHER ORDERED that, pursuant to Local Rule 15-1, should Plaintiff

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choose to file an amended complaint, it shall be complete in itself without reference to

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any previous complaint. Plaintiff is given thirty (30) days from the date of this order
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within which to file an amended complaint remedying, if possible, the defects in the

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complaint explained above. Any allegations, parties, or requests for relief from prior

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papers that are not carried forward in the amended complaint will no longer be before

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the court. Plaintiff is cautioned that if he fails to file an amended complaint within the time

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period specified above, the action will proceed on the Complaint, and only with respect

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to those claims which the court has allowed to proceed. Plaintiff shall clearly title the

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amended complaint as such by placing the words “AMENDED COMPLAINT” on page 1

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in the caption, and Plaintiff shall place the case number, 3:11-cv-00754-MMD-WGC,

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above the words “AMENDED COMPLAINT” in the space for “Case No.”

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IT IS SO ORDERED.

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DATED THIS 10th day of July 2012.

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UNITED STATES DISTRICT JUDGE
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