Moreno v. Justen et al

Filing 5

ORDER adopting and accepting 3 R&R; deferring decision on 1 IFP application; directing Clerk to file 1 -1 complaint; dismissing Count I as duplicative; dismissing with leave to amend Counts II and III; directing Clerk to send Plaintiff 1983 form, instructions, and copy of his complaint (mailed 1/5/2016); giving Plaintiff 30 days to file amended complaint. Signed by Judge Robert C. Jones on 1/5/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LORENZO MORENO,
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Plaintiff,
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v.
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JUSTEN, et al.,
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Defendants.
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CASE NO.: 3:15-CV-00176-RCJ-WGC
ORDER

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

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(ECF #3) entered on September 14, 2015, in which the Magistrate Judge recommends the Court defer

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a decision on the Application to Proceed in Forma Pauperis (ECF #1), and direct the Clerk of the Court

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to file the Complaint (ECF #1-1). The Court has considered the pleadings and memoranda of the

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parties and other relevant matters of record and has made a review and determination in accordance

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

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hereby

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ADOPTS AND ACCEPTS the Report and Recommendation of the United States
Magistrate Judge (ECF #3).
IT IS HEREBY ORDERED that Plaintiff’s Application to Proceed in Forma Pauperis (ECF

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#1) is DEFERRED.

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IT IS FURTHER ORDERED that the Clerk of the Court shall file the Complaint (ECF #11).

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IT IS FURTHER ORDERED that Count I is DISMISSED as duplicative of the excessive

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force claim being asserted in 3:14-CV-00533-RCJ-VPC.

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IT FURTHER ORDERED that Counts II and II are DISMISSED with leave to amend.

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IT IS FURTHER ORDERED that the Clerk of the Court shall send Plaintiff the approved

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form for filing a complaint under 42 U.S.C. § 1983, instructions for the same, and a copy of his original

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complaint (ECF #1-1).

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IT IS FURTHER ORDERED that the First Amended Civil Rights Complaint shall be filed

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within 30 days of entry of this order. Failure to amend the complaint curing the deficiencies outlined

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in the Report and Recommendation (ECF #3), will result in dismissal without prejudice.

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IT IS SO ORDERED this 5th day of January, 2016.

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_______________________________
ROBERT C. JONES
UNITED STATES DISTRICT JUDGE

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