Ritter v. Marshowski et al

Filing 23

ORDERED that the # 18 Report and Recommendation is adopted and accepted as follows: (1) Plaintiff is permitted to PROCEED with his claims under the Fourteenth and Fourth Amendments for fabrication of evidence and malicious prosecution against defendant Marshowski; (2) Plaintiffs claims of false arrest and false imprisonment are DISMISSED with prejudice; (3) Plaintiffs claims under Fourteenth and Fourth Amendments for fabrication of evidence and malicious prosecution against defendants Hughes, Hildreth, Spring and Galeti are DISMISSED without prejudice and with leave to amend; (4) Amended Complaint due by 3/27/2015; (5) The issue of service will be addressed once the deadline for filing the amended complaint runs, or Plaintiff files an amended complaint, whichever occurs first. Signed by Judge Larry R. Hicks on 2/24/2015. (Copies have been distributed pursuant to the NEF - DRM)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

*****

9
10
11
12
13

MATTHEW RITTER,

)
)
Plaintiff,
)
)
v.
)
)
MIKE MARSHOWSKI, et al.,
)
)
Defendants.
)
_____________________________________ )

3:12-cv-00194-LRH-WGC
ORDER

14
15

Before this Court is the Report and Recommendation of U.S. Magistrate Judge William G.

16

Cobb (#181) entered on October 31, 2014, rescreening Plaintiff’s pro-se Complaint (#5) filed on July 9,

17

2012. No objection was filed. This action was referred to the Magistrate Judge pursuant to 28 U.S.C.

18

§ 636(b)(1)(B) and Local Rule 1B 1-4 of the Rules of Practice of the United States District Court for

19

the District of Nevada.

20

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

21

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

22

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

23

(#18) entered on October 31, 2014, should be adopted and accepted.

24
25

IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#18)
entered on October 31, 2014, is adopted and accepted as follows:

26
1

Refers to court’s docket number.

1

(1) Plaintiff is permitted to PROCEED with his claims under the Fourteenth and Fourth

2

Amendments for fabrication of evidence and malicious prosecution against defendant

3

Marshowski;

4

(2) Plaintiff’s claims of false arrest and false imprisonment are DISMISSED with prejudice;

5

(3) Plaintiff’s claims under Fourteenth and Fourth Amendments for fabrication of evidence and

6

malicious prosecution against defendants Hughes, Hildreth, Spring and Galeti are

7

DISMISSED without prejudice and with leave to amend;

8

(4) Plaintiff is given thirty (30) days from the entry of this order to file an amended complaint

9

correcting the deficiencies noted in the Report and Recommendation (#18) with respect to

10

defendants Hughes, Hildreth, Spring and Galeti. Plaintiff is advised that any amended

11

complaint shall be complete in and of itself without reference to any previous complaint.

12

Any allegations, parties or requests for relief from prior papers that are not carried forward

13

in the amended complaint will no longer be before the court. Plaintiff shall clearly title the

14

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

15

in the caption and shall place the case number above the words “AMENDED

16

COMPLAINT” in the space for “Case No.” Plaintiff is cautioned that if he fails to file an

17

amended complaint within the time period specified above, the claims against these

18

defendants will be dismissed.

19
20

5. The issue of service will be addressed once the deadline for filing the amended complaint
runs, or Plaintiff files an amended complaint, whichever occurs first.

21

IT IS SO ORDERED.

22

DATED this 24th day of February, 2015.

23

_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

24
25
26
2