District Court, D. Nevada, 2021

Hart v. Las Vegas Metropolitan Police Department

Hart v. Las Vegas Metropolitan Police Department
District Court, D. Nevada · Decided March 2, 2021
Hart v. Las Vegas Metropolitan Police Department

Trial Court Opinion

3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5) SAMUEL HART, Case No. 2:21-cv-00340-JAD-NJK 6 Plaintiff ORDER v. 8 LAS VEGAS METROPOLITAN POLICE 9 DEPARTMENT et al., 40 Defendants 11 This is a removed, counseled, civil-rights action under 42 U.S.C. § 1983 initiated in state 12 court by Plaintiff Samuel Hart, a former inmate of the Clark County Detention Center. Docket | No. 1. Based on the complaint, Plaintiff is no longer incarcerated. Docket No. 1 at 10-11.

14 | Defendants have paid the $402 filing fee for a civil action. Docket No. 1.

15 In light of Plaintiffs non-incarceration and payment of the filing fee, the Court is no longer | required to screen this case. See generally 28 U.S.C. 8 1915A (the plaintiff is no longer a prisoner | within the meaning of the statute); see Olivas v. Nevada ex rel. Dep’t of Corr., 856 F.3d 1281, 18) 1282 (9th Cir. 2017) (holding that “28 U.S.C. § 1915A applies only to claims brought by | individuals incarcerated at the time they file their complaints”); see Lopez v. Smith, 203 F.3d 1122, 1126, 1129 (9th Cir. 2000) (recognizing that screening under 28 U.S.C. § 1915(e) applies to 21 actions filed in forma pauperis whether or not the plaintiff is incarcerated). This case will now | proceed onto the normal litigation track. The parties are directed to comply with the Federal Rules | of Civil Procedure.

24 IT IS SO ORDERED.

25 DATED: March 2, 2021. .

28 Lh ‘ \ peace 28 UNITE “STAI ES MAGISTRATE JUDGE

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