Benitez v. City of Reno et al

Filing 11

ORDER - IT IS HEREBY ORDERED that Benitez will PROCEED on his Fourth Amendment excessive force claim against Defendant Reno Police Department Officer Frady #14626. IT IS FURTHER ORDERED that the Clerk shall ISSUE a summons for the above-named defe ndant and deliver the same to the U.S. Marshal together with a copy of the complaint, (ECF No. 10 ), the screening orders, (ECF Nos. 8 , 9 ), and this order for service on Defendant. The Clerk shall SEND to Benitez a USM-285 form. Benitez is reminded that under Fed. R. Civ. P. 4(m), service must be completed within 90 days of the date of this Order. Proof of service due by 8/8/2024. Signed by Magistrate Judge Carla Baldwin on 5/10/2024. (For Distribution by law library.) (Attachments: # 1 USM 285)(Copies have been distributed pursuant to the NEF - DLS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JAVIER BENITEZ,

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Case No. 3:24-CV-00088-MMD-CLB
Plaintiff,

ORDER

v.
CITY OF RENO, et. al.,

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Defendants.

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On February 22, 2024, Plaintiff Javier Benitez (“Benitez”) initiated this action by

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filing an application to proceed in forma pauperis along with a pro se civil rights complaint,

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(ECF Nos. 3, 3-1). On March 5, 2024, this Court screened the complaint pursuant to 28

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U.S.C. § 1915A, recommending: (1) the excessive force during arrest claim proceed

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against Defendant Frady; (2) the municipality liability claim against Defendants City of

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Reno and Reno Police Department be dismissed with leave to amend; and (3) the false

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imprisonment claim be dismissed without prejudice and without leave to amend. (ECF

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No. 8.) On April 2, 2024, the District Court adopted the report and recommendation,

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ordering that if Benitez failed to file an amended complaint within 30 days, the action

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would proceed on the excessive force claim against Frady, and the claims against the

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City of Reno and the Reno Police Department and the false imprisonment claim would be

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dismissed with prejudice. (ECF No. 9.) Benitez did not file an amended complaint or

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request an extension of time to do so.

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Accordingly, IT IS HEREBY ORDERED that Benitez will PROCEED on his Fourth

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Amendment excessive force claim against Defendant Reno Police Department Officer

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Frady #14626.

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IT IS FURTHER ORDERED that the Clerk shall ISSUE a summons for the above-

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named defendant and deliver the same to the U.S. Marshal together with a copy of the

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complaint, (ECF No. 10), the screening orders, (ECF Nos. 8, 9), and this order for service

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on Defendant. The Clerk shall SEND to Benitez a USM-285 form. Benitez shall have until

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June 10, 2024, to complete the USM-285 service form and return to the U.S. Marshal,

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400 S. Virginia Street, 2nd Floor, Reno, Nevada 89501. Within 20 days after receiving

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from the U.S. Marshal a copy of the USM-285 form showing whether service has been

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accomplished, Benitez must file a notice with the Court identifying whether the defendant

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was served or not. If Benitez wishes to have service again attempted on an unserved

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defendant, then a motion must be filed with the Court identifying the unserved defendant

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and specifying a more detailed name and/or address for said defendant, or whether some

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other manner of service should be attempted.

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Benitez is reminded that under Fed. R. Civ. P. 4(m), service must be completed

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within 90 days of the date of this Order. If Benitez requires additional time to meet any of

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the deadlines set by the Court, he must file a motion for extension of time under Local

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Rule 1A 6-1 and Local Rule 26-3 that is supported by a showing of good cause. A motion

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filed after a deadline set by the Court or applicable rules will be denied absent a showing

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of excusable neglect. If Benitez fails to follow this order, the above-named defendant will

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be dismissed for failure to complete service of process pursuant to Fed. R. Civ. P. 4(m).

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IT IS FURTHER ORDERED that henceforth, Benitez shall serve upon Defendants

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or, if appearance has been entered by counsel, upon the attorney(s) a copy of every

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pleading, motion, or other document submitted for consideration by the Court. Benitez

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shall include with the original paper to be filed with the Clerk of the Court a certificate

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stating the date that a true and correct copy of the document was mailed to the

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Defendants or counsel for defendants. The Court may disregard any paper received by

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a District Judge or a Magistrate Judge which has not been filed with the Clerk of the

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Court, and any paper received by a District Judge, Magistrate Judge, or Clerk of the

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Court which does not include a certificate of service.

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DATED: _________________
May 10, 2024

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UNITED STATES MAGISTRATE JUDGE
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