Hicks v. State of Nevada et al

Filing 22

ORDER adopting and accepting 20 Report and Recommendation; granting 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis; directing clerk to file complaint; and dismissing complaint with leave to amend by 1/15/15. Signed by Judge Robert C. Jones on 1/9/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBERT E. HICKS,
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Plaintiff,
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v.
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STATE OF NEVADA, et al.,
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Defendants.
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CASE NO.: 3:14-CV-00352-RCJ-VPC
ORDER

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The Court has considered the Report and Recommendation of United States Magistrate

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(ECF #20) entered on December 9, 2014, in which the Magistrate Judge recommends the Court grant

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Plaintiff’s Motion to Proceed In Forma Pauperis (ECF #1) and dismiss Plaintiff’s Complaint with

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leave to amend.

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relevant matters of record and has made a review and determination in accordance with the

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requirements of 28 U.S.C. § 636 and applicable case law, and good cause appearing, the court hereby

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ADOPTS AND ACCEPTS the Report and Recommendation of the United States

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The Court has considered the pleadings and memoranda of the parties and other

Magistrate Judge (ECF #20).

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IT IS HEREBY ORDERED that Plaintiff’s Plaintiff’s Motion to Proceed In Forma

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Pauperis (ECF #1) is GRANTED and status shall not extend to the issuance of subpoenas at

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government expense. The Clerk of the Court shall detach and file the Complaint.

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IT IS FURTHER ORDERED that the Complaint is DISMISSED WITH LEAVE TO

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AMEND. Plaintiff shall file his amended complaint entitled “First Amended Complaint” on or before

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Thursday, January 15, 2015.

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IT IS FURTHER ORDERED that if Plaintiff fail to file an amended complaint the Court
will dismiss the Complaint with prejudice.
IT IS SO ORDERED this 9th day of January, 2015.

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_______________________________
ROBERT C. JONES
UNITED STATES DISTRICT JUDGE