Navas v. Byron et al

Filing 4

ORDERED the# 3 R&R is adopted and accepted, and P's # 1 IFP application is GRANTED. The full filing fee of $350.00 shall still be due. FURTHER ORD the Clerk shall file the complaint (# 1 -1). FURTHER ORD claims are DISMISSED WITH or WITHO UT PREJUDICE as specified herein. ( See pdf order for specifics. ) FURTHER ORD that P's # 1 -2 Motion for counsel is DENIED. FURTHER ORD that the Clerk shall send to P a blank 1983 form with instructions and a copy of the original complaint. (Form, inst, and cmplt mailed to P 7/30/2012. ) P's amended complaint is due within 30 days from date of this order. Signed by Judge Larry R. Hicks on 7/27/2012. (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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JULIO CESAR NAVAS,

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Plaintiff,
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v.
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ANNA MARIE BYRON, et al.,
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Defendants.
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_____________________________________ )

3:11-cv-00868-LRH-VPC
O RDER

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Before this Court is the Report and Recommendation of U.S. Magistrate Judge Valerie P.

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Cooke (#31 ) entered on June 19, 2012, recommending granting Plaintiff’s application to proceed in

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forma pauperis (#1), and dismissing some claims with prejudice and others without prejudice. No

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objection to the Report and Recommendation has been filed. The action was referred to the Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)B and Local Rule 1B 1-4 of the Rules of Practice of the United

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States District Court for the District of Nevada.

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

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memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B)

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and Local Rule IB 3-2. The Court determines that the Magistrate Judge’s Report and Recommendation

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(#3) filed on June 19, 2012, should be adopted and accepted.

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Refers to court’s docket number.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#3)

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filed on June 19, 2012, is adopted and accepted, and Plaintiff’s application to proceed in forma

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pauperis (#1) is GRANTED. The full filing fee of $350.00 shall still be due pursuant to 28 U.S.C. §

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1915, as amended by the Prisoner Reform Litigation Act of 1996.

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IT IS FURTHER ORDERED that the Clerk shall file the complaint (#1-1).

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IT IS FURTHER ORDERED that Plaintiff’s Fourth, Fifth and Fourteenth Amendment claims

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against the following defendants (#1-1) are DISMISSED WITH PREJUDICE for the reasoning

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articulated in the Report and Recommendation:

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1. Defendant Schumacher;

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2. Defendant Gammick; and

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3. Defendant Longtin.

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IT S FURTHER ORDERED that Plaintiff’s Fourth, Fifth and Fourteenth Amendment claims

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against the following defendants (#1-1) are DISMISSED WITHOUT PREJUDICE and with leave

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to amend according to the guidance provided in the Report and Recommendation:

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1. Defendant Byron;

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2. Defendant Rankine;

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3. Defendant Stokes;

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4. Defendant Western Title and Escrow Co.;

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5. Defendant Delgado; and

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6. Defendant Palacios.

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IT IS FURTHER ORDERED that Plaintiff’s motion for the appointment of counsel (#1-2) is

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DENIED.

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IT IS FURTHER ORDERED that the Clerk shall send to Plaintiff a blank form for filing a civl

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rights complaint pursuant to 42 U.S.C. § 1983 with instructions and a copy of the original complaint.

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Plaintiff is advised that pursuant to Local Rule 15-1, the amended complaint shall be complete in itself

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without reference to the previous complaint. Plaintiff is given thirty (30) days from the date of this

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order within which to file an amended complaint remedying, if possible, the defects in the complaint

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explained in the Report and Recommendation. Plaintiff’s failure to do so may result in the immediate

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dismissal of the entire action. Plaintiff shall write the words “first amended” above the title “Civil

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Rights Complaint” on the form and Plaintiff shall place the case number, 3:11-cv-00868-LRH-VPC,

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above the words “first amended” in the space for “Case No.”.

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IT IS SO ORDERED.

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DATED this 27th day of July, 2012.

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_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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