Kuzmicki v. Hanrahan et al

Filing 8

ORDER that the Court ADOPTS AND ACCEPTS the Report and Recommendations of the U.S. Magistrate Judge ECF No. 3 ; granting ECF No. 1 Motion/Application for Leave to Proceed in forma pauperis; Clerk directed to file Plaintiff's C omplaint ECF No. 1 -1; Complaint is DISMISSED WITHOUT PREJUDICE, WITH LEAVE TO AMEND as to Defendants Shelly, S. Hanrahan, D. Hanrahan and Westad and DISMISSED WITH PREJUDICE as to Defendant Gardner; granting ECF No. 4 Motion to Extend Tim e to file amended complaint; amended complaint due by 11/27/2017; ECF No. 5 Motion for Appointment of Public Defendant ECF No. 5 is DENIED as moot. Signed by Judge Robert C. Jones on 10/27/2017. (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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Plaintiff,

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v.

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SAMANTHA HANRAHAN, et al.,

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Defendants.

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CASE NO.: 3:17-CV-00342-RCJ-VPC
ORDER

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

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(ECF No. 3) entered on September 11, 2017, in which the Magistrate Judge recommends the Court

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grant Plaintiff’s Motion to Proceed In Forma Pauperis (ECF No. 1) and dismiss Pro Se Complaint

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(ECF No. 1-1) with leave to amend deficiencies described in the Report and Recommendation. The

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Court has considered the pleadings and memoranda of the parties and other relevant matters of record

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and has made a review and determination in accordance with the requirements of 28 U.S.C. § 636 and

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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
Magistrate Judge (ECF No. 3).
IT IS HEREBY ORDERED that Plaintiff’s Motion to Proceed In Forma Pauperis (ECF

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No. 1) is GRANTED.

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IT IS FURTHER ORDERED that the Clerk of the Court shall file Plaintiff’s Complaint
(ECF No. 1-1).

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IT IS FURTHER ORDERED that the Complaint is DISMISSED WITHOUT PREJUDICE,

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WITH LEAVE TO AMEND as to claims against Defendants Shelly, S. Hanrahan, D. Hanrahan, and

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Westad.

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IT IS FURTHER ORDERED that the Complaint is DISMISSED WITH PREJUDICE as
to the claims against Defendant Gardner.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Extension of Time to File
Amended Complaint (ECF No. 4) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff shall file an Amended Complaint on or before
Monday, November 27, 2017.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Appointment of Public Defender
(ECF No. 5) is DENIED as Moot.
IT IS FURTHER ORDERED that
IT IS SO ORDERED this 27th day of October, 2017.

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_______________________________
ROBERT C. JONES
UNITED STATES DISTRICT JUDGE

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