Ritter v. Marshowski et al

Filing 30

ORDER - The # 29 Report and Recommendation is adopted and accepted, and Plaintiff may PROCEED on the # 28 Amended complaint with claims specified herein. D Tyler Springs is DISMISSED from this action WITH PREJUDICE. Ds Elko and Elko County are DI SMISSED from this action WITHOUT PREJUDICE; however, Plaintiff is hereby given until 8/13/2015 to file a second amended complaint, marked "Second Amended Complaint" to cure the deficiencies noted in the # 29 Report and Recommendation with respect to Elko and Elko County. Plaintiff is NOT GIVEN leave to amend in any other respect. Signed by Judge Larry R. Hicks on 7/13/2015. (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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MATTHEW RITTER,

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

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

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

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Cobb (#291) entered on June 2, 2015, recommending that Plaintiff be permitted to proceed on certain

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claims, and that various defendants be dismissed. No objection to the Report and Recommendation has

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been filed. The action was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)B and

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Local Rule 1B 1-4 of the Rules of Practice of the United States District Court for the District of

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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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(#29) entered on June 2, 2015, 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 (#29)

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entered on June 2, 2015, is adopted and accepted, and Plaintiff may PROCEED on the amended

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complaint with his claims for violations of his Fourth and Fourteenth Amendment rights including

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malicious prosecution and fabrication of evidence against defendants Marshowski, Hughes, Hildreth,

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Galleti, and Gensel.

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IT IS FURTHER ORDERED that defendant Tyler Springs is DISMISSED from this action
WITH PREJUDICE.

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IT IS FURTHER ORDERED that defendants Elko and Elko County are DISMISSED from this

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action WITHOUT PREJUDICE; however, Plaintiff is hereby given thirty (30) days to file a second

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amended complaint to cure the deficiencies noted in the Report and Recommendation with respect to

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Elko and Elko County. Plaintiff is NOT GIVEN leave to amend in any other respect. Plaintiff is

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advised that the second amended complaint is to be complete in and of itself without reference to any

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previous complaint. Any allegations, parties or requests for relief from prior pleadings that are not

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carried forward in the second amended complaint will no longer be before the court. Plaintiff is to

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clearly title the amended pleading as the second amended complaint by placing the words “SECOND

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AMENDED COMPLAINT” on page 1 in the caption, and is to place the case number above that title.

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Plaintiff is cautioned that if he fails to file an amended complaint within the time period specified

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above, the claims against Elko and Elko County will be dismissed with prejudice and the action will

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proceed on the amended complaint.

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IT IS FURTHER ORDERED that the issue of service shall be addressed once the deadline for
filing the amended complaint runs, or Plaintiff files an amended complaint, whichever occurs first.

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IT IS SO ORDERED.

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DATED this 13th day of July, 2015.

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_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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