Benitez v. City of Reno et al
| Javier Benitez |
| City of Reno, Reno Nevada Police Department and Frady |
| 3:2024cv00088 |
| February 22, 2024 |
| US District Court for the District of Nevada |
| Carla Baldwin |
| Miranda M Du |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 10 COMPLAINT by Javier Benitez. (Filed per ECF No. #9 Order). (DLS) |
Filing 9
ORDER - Judge Baldwin's R&R (ECF No. #8 ) is accepted and adopted in full. Plaintiff's IFP application (ECF No. #3 ) is granted. The Clerk of the Court is directed to file the Complaint (ECF No. #3 -1). Claims will proceed, or are dismissed, as detailed herein. Amended Complaint deadline: 5/2/2024. The Clerk of Court is directed to send Plaintiff instructions for submitting a complaint and a form complaint. (Attached hereto for distribution to P via NNCC Law Library). Signed by Chief Judge Miranda M. Du on 4/2/2024. (Attachments: #1 Complaint form/Instructions)(Copies have been distributed pursuant to the NEF - DLS)
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Filing 8
REPORT AND RECOMMENDATION.IT IS THEREFORE RECOMMENDED that Benitez's application to proceed in forma pauperis, (ECF No. #3 ), be GRANTED. IT IS FURTHER RECOMMENDED that Benitez not be required to pay an initial installment fee. IT IS FURTHER RECOMMENDED that the Nevada Department of Corrections pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding month's deposits to the account of JAVIER BENITEZ, #1276120 (in months that the account exceeds $10.00) until the full $350.00 filing fee has been paid for this action. IT IS FURTHER RECOMMENDED that the Clerk FILE the complaint, (ECF No. #3 -1), but NOT issue summons at this time. IT IS FURTHER RECOMMENDED that Claim 1 excessive force during arrest PROCEED against Defendant Frady. IT IS FURTHER RECOMMENDED that Claim 2 municipality liability be DISMISSED with leave to amend as to Defendants City of Reno and Reno Police Department. IT IS FURTHER RECOMMENDED that Claim 3 false imprisonment be DISMISSED, without prejudice, and without leave to amend. IT IS FURTHER RECOMMENDED that that the Clerk of the Court SEND to Benitez the approved form for filing a civil rights complaint pursuant to 42 U.S.C. 1983, instructions for the same, and a copy of his original complaint (ECF No. 3-1). IT IS FURTHER RECOMMENDED that if Benitez chooses to file an amended complaint curing the deficiencies of his original complaint, as outlined in this order, Benitez shall file the amended complaint within 30 days from the date of entry of the District Courts order addressing this report and recommendation. IT IS FURTHER RECOMMENDED that if Benitez chooses not to file an amended complaint curing the stated deficiencies of the complaint, the Court will instruct the Clerk to issue summons for Defendant Frady and direct service of the complaint as to the excessive force claim, only. Objections to R&R due by 3/19/2024. Signed by Magistrate Judge Carla Baldwin on 3/5/2024. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 7 FINANCIAL CERTIFICATE by Plaintiff Javier Benitez. (GA) |
| Filing 6 CLERK'S NOTICE due to a clerk's error, this case was misassigned. This case is randomly reassigned to Chief Judge Miranda M. Du and Magistrate Judge Carla Baldwin for all further proceedings. (no image attached) (LG) |
| Filing 5 ADVISORY LETTER to litigant. (GA) |
| Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 2/22/2024. Plaintiff Javier Benitez with Inmate Number 3:24-cv-00088-CLB is an inmate in the custody of the Nevada Department of Corrections (NDOC) and is housed at Northern Nevada Correctional Center. Plaintiff has submitted an application to proceed in forma pauperis to the court. Plaintiff authorizes the NDOC to provide a copy of their trust fund account statement for activity covering the last six months to this court. The NDOC is ORDERED to file directly with the court the following documents pertaining to Plaintiff Javier Benitez: (a) current account balance, (b) average monthly account balance, and (c) average monthly deposits for the last six months by email to #docketreno@nvd.uscourts.gov. A copy of this order has been electronically sent to NDOC. (Copies have been distributed pursuant to the NEF - GA) |
| Filing 3 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Javier Benitez. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(GA) |
| Filing 2 OPTION TO DECLINE MAGISTRATE JUDGE OVERSEEING YOUR CASE. The attached form must be filed in the docket or received by the Clerk within 21 days of your first appearance in the case should you choose to decline consent. (A copy of the form has been mailed to parties not receiving electronic service.) (GA) |
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Filing 1
GENERAL ORDER 2023-11 IN RE: CONSENT AND REFERRALS TO UNITED STATES MAGISTRATE JUDGES UNDER 28 U.S.C. 636. (A copy of the General Order has been mailed to parties not receiving electronic service.) (GA)
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| Case randomly assigned to Magistrate Judge Carla Baldwin. (GA) |
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