Kuzmicki v. Hanrahan et al
Filing
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ORDER the Magistrate Judges Report and Recommendation ECF No. 12 is ADOPTED AND ACCEPTED; plaintiff's claims against Sergeant Shelly is DISMISSED WITH PREJUDICE; plaintiff's Fourteenth Amendment claims against David Hanraha n, Samantha Hanrahan, and Warren Westad are DISMISSED WITH PREJUDICE; plaintiff's remaining claims against David Hanrahan, Samantha Hanrahan, and Warren Westad are DISMISSED WITHOUT PREJUDICE, WITH LEAVE TO AMEND; plaintiff's motion for extension of time to file a second amended complaint ECF No. 15 is GRANTED; plaintiff to file a second amended complaint before 8/30/2018. Signed by Judge Robert C. Jones on 7/25/2018. (Copies have been distributed pursuant to the NEF - KW)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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STANLEY KUZMICKI,
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CASE NO.: 3:17-CV-00342-RCJ-VPC
Plaintiff,
ORDER
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v.
SAMANTHA HANRAHAN, et al.,
Defendants.
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Before the Court is the Report and Recommendation of U.S. Magistrate Judge (ECF No. 121)
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entered on May 4, 2018, recommending that the Court dismiss Plaintiff’s first amended complaint (ECF
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No. (ECF No. 10) with leave to amend within 30 days. On May 21, 2018, Plaintiff filed his Objections
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to Report and Recommendation (ECF No. 13).
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The Court has conducted it’s de novo review in this case, has fully considered the objections of
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the Plaintiff, the pleadings and memoranda of the parties and other relevant matters of record pursuant
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to 28 U.S.C. § 636(b)(1)(B) and Local Rule IB 3-2. The Court determines that the Magistrate Judge’s
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Report and Recommendation (ECF No. 12) entered on May 4, 2018, should be ADOPTED AND
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ACCEPTED.
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IT IS HEREBY ORDERED that Plaintiff’s claims against Sergeant Shelly is DISMISSED WITH
PREJUDICE.
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IT IS FURTHER ORDERED that Plaintiff’s Fourteenth Amendment due process and equal
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protection claims against David Hanrahan, Samantha Hanrahan, and Warren Westad are DISMISSED
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WITH PREJUDICE.
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IT IS FURTHER ORDERED that the Plaintiff’s remaining claims against David Hanrahan,
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Samantha Hanrahan, and Warren Westad are DISMISSED WITHOUT PREJUDICE, WITH LEAVE
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TO AMEND.
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Refers to court’s docket number.
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IT IS FURTHER ORDERED that Plaintiff’s motion for extension of time to file a second
amended complaint (ECF No. 15) is GRANTED.
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IT IS FURTHER ORDERED that Plaintiff shall file a second amended complaint remedying,
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if possible, the defects identified in the Report and Recommendation (ECF No. 12) within 30 days from
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the date of this Order and/or before Friday, August 30, 2018.
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IT IS SO ORDERED this 24TH day of July, 2018.
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_____________________________________
ROBERT C. JONES
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