Messaad v. Reno Justice Court et al

Filing 44

ORDER - Certification of Record Supplementation : The Court certifies to the Ninth Circuit Court of Appeals that the record should be supplemented pursuant to Federal Rule of Appellate Procedure 10(e)(2)(b). The Clerk is directed to transmit this certification to the Ninth Circuit Court of Appeals. ( E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit 6/7/2017. ) USCA case 17-16111. Signed by Judge Miranda M. Du on 6/7/2017. (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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TARIK MESSAAD,

Case No. 3:15-cv-00582-MMD-VPC
Plaintiff,

Certification of Record Supplementation

v.
RENO JUSTICE CENTER, et al.,

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Defendants.

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The Court certifies to the Ninth Circuit Court of Appeals that the record should be

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supplemented pursuant to Federal Rule of Appellate Procedure 10(e)(2)(b). The purpose

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of the supplement is to correct a material misstatement in two orders to assist the court

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of appeals in its review of the record and final decision. See Davis v. United States, 667

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F.2d 822, 824 (9th Cir. 1982) (“The district court may act to assist the court of appeals in

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the exercise of its jurisdiction.”) (internal citation omitted).

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The Court’s two prior orders (ECF Nos. 6, 36) incorrectly assumed that Plaintiff

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Tarik Messaad had been convicted of the crime for which he was arrested when in fact

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the charge was pending at the initiation of this case. After the first order was issued, both

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parties submitted records which indicate that the charge was dismissed on October 11,

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2016. (ECF No. 24 at 1; ECF No. 16-1 at 3.)

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The Clerk is directed to transmit this certification to the Ninth Circuit Court of
Appeals.
DATED THIS 7th day of June 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE