Desilva v. Lore

Filing 13

ORDER - This action is DISMISSED without prejudice. Signed by Judge Larry R. Hicks on 12/18/12. (Copies have been distributed pursuant to the NEF - JK)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DAVID KEITH DESILVA,

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Plaintiff,

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v.

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PAUL LORE,

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Defendant.

3:12-cv-0318-LRH-WGC
ORDER

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Plaintiff David Keith DeSilva (“DeSilva”) initiated the underlying action for a civil rights

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violation and for injunctive relief against defendant Paul Lore (“Lore”) in state court alleging that

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Lore attacked him at the Reno Veteran’s Administration medical facility. In response, Lore

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removed this action to federal court and filed a motion to dismiss arguing that the court lacked

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jurisdiction over this action pursuant to the derivative jurisdiction doctrine. See Doc. #5.

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On October 30, 2012, the court denied the motion to dismiss finding that “dismissal would

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be a waste of judicial time and resources because this action is now before a court that can hear the

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merits of the complaint.” Doc. #11. However, the court also found that the complaint was wholly

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insufficient as DeSilva failed to identify any claim for relief or cause of action.

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court granted DeSilva fifteen (15) days to file an amended complaint “that clearly identifies and

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sets out specific causes of action.” Id.

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Id. Therefore, the

DeSilva has failed to file an amended complaint or otherwise comply with the court’s

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October 30, 2012 order. See Doc. #12. As such, the court shall dismiss this action without

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prejudice.

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IT IS THEREFORE ORDERED that this action, 3:12-cv-0318, is DISMISSED without
prejudice.

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IT IS SO ORDERED.

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DATED this 18th day of December, 2012.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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