Williams v. City of Sparks et al

Filing 10

ORDER adopting and accepting 6 Report and Recommendation; granting 1 IFP application; directing Clerk to file the 1 -1 complaint; dismissing without prejudice Count II; dismissing without prejudice and with leave to amend Defendants City of Sparks, Sparks Police Department, and Sparks Police Chief. Signed by Judge Robert C. Jones on 11/4/2014. (Copies have been distributed pursuant to the NEF - KR)

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1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * ** ) ) ) ) ) ) ) ) ) ) ROBERT L. WILLIAMS, 5 Plaintiff, 6 v. 7 SPARKS, CITY OF, et al., 8 Defendants. 9 CASE NO.: 3:14-CV-00174-RCJ-VPC ORDER 10 The Court has considered the Report and Recommendation of United States Magistrate 11 (ECF #6) entered on June 25, 2014, in which the Magistrate Judge recommends that the Court grant 12 Plaintiff’s Application to Proceed in Forma Pauperis (#1) and file the Complaint (#1-1). Count I of 13 the Complaint will proceed in part and is dismissed in part with leave to amend, and Count II be 14 dismissed without prejudice. The Court has considered the pleadings and memoranda of the parties 15 and other relevant matters of record and has made a review and determination in accordance with the 16 requirements of 28 U.S.C. § 636 and applicable case law, and good cause appearing, the court hereby 17 ADOPTS AND ACCEPTS the Report and Recommendation of the United States 18 19 20 21 22 23 24 25 Magistrate Judge (ECF #6), IT IS HEREBY ORDERED that Plaintiff’s Application to Proceed in Forma Pauperis (#1) is GRANTED, the Clerk shall file the Complaint (#1-1). IT IS FURTHER ORDERED that Count II of Plaintiff’s Complaint is DISMISSED without PREJUDICE. IT IS FURTHER ORDERED that Defendants City of Sparks, Sparks Police Department and Sparks Police Chief are DISMISSED without PREJUDICE and with leave to amend. IT IS SO ORDERED this 4th day of November, 2014. 26 _______________________________ ROBERT C. JONES UNITED STATES DISTRICT JUDGE

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