Nobles v. Washoe County Jail

District Court, D. Nevada

Nobles v. Washoe County Jail

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 HARVEY NOBLES, 4 Plaintiff, Case No. 3:25-cv-00321-ART-CLB 5 v. ORDER ADOPTING REPORT AND 6 STATE OF NEVADA, et al., RECOMMENDATION

7 Defendants.

8 Mr. Nobles brings this case against Defendants Washoe County Jail, State 9 of Nevada, Washoe County Jail Medical Staff, Sparks Police Department, and 10 Reno Police Department (collectively referred to as “Defendants”) asserting nine 11 claims under

42 U.S.C. §1983

, including illegal arrest, illegal search, illegal 12 incarceration, excessive force during an arrest, excessive force as a pretrial 13 detainee, medical negligence, assault, property damage, denial of access to the 14 courts, and harassment. (See ECF No. 1-1.) Before the Court are Mr. Nobles’ 15 application to proceed in forma pauperis (“IFP”) (ECF No. 1-1), pro se civil rights 16 complaint, (id.) and motion for appointment of counsel. (ECF No. 1-2.) Also before 17 the Court is Magistrate Judge Carla Baldwin’s report and recommendation 18 (“R&R”) recommending a grant of Mr. Nobles’ application to proceed IFP, 19 dismissal of Mr. Nobles’ entire complaint without prejudice and with leave to 20 amend, and denial of Mr. Nobles’ motion for counsel as moot given that 21 conclusion. (ECF No. 5.) The Court agrees with Judge Baldwin’s reasoning and 22 adopts her R&R in full. 23 24 I. LEGAL STANDARD 25 Magistrate judges are empowered to issue reports and recommendations 26 on dispositive issues, which district judges may “accept, reject, or modify, in 27 whole or in part.”

28 U.S.C. § 636

(b)(1)(C). Where, as here, neither party objects 28 to a magistrate judge's recommendation, the district court is not required to 1 perform any review of that judge's conclusions. See Thomas v. Arn,

474 U.S. 140

, 2 150 (1985). 3 Based on Mr. Nobles’ financial status, Judge Baldwin recommends 4 granting his application to proceed IFP. Further, Judge Baldwin recommends 5 dismissal of Mr. Nobles’ complaint because he brings many different claims 6 against numerous law enforcement agencies, law enforcement officers, 7 corrections officers, and medical staff that are unrelated and cannot proceed in 8 a single lawsuit under the FRCP 18(a) and FRCP 20(a)(2). (ECF No. 5.) The Court 9 agrees and adopts the R&R in full. 10 II. CONCLUSION 11 It is therefore ordered that Judge Baldwin’s report and recommendation 12 (ECF No. 5) is adopted in full. 13 It is further ordered that Plaintiff Harvey Nobles’ application to proceed in 14 forma pauperis (ECF No. 1), is GRANTED. 15 It is further ordered that Mr. Nobles not be required to pay an initial 16 installment fee. Nevertheless, the full filing fee should still be due, even if this 17 action is dismissed or is otherwise unsuccessful, pursuant to

28 U.S.C. § 1915

, 18 as amended by the Prison Litigation Reform Act. The movant herein should be 19 permitted to maintain this action to conclusion without the necessity of 20 prepayment of fees or costs or giving of security therefor. This order does not 21 extend to the issuance and/or service of subpoenas at government expense. 22 It is further ordered that the NDOC pay to the Clerk of the United States 23 District Court, District of Nevada, 20% of the preceding month’s deposits to the 24 account of HARVEY LEE NOBLES, #1170567 (in months that the account 25 exceeds $10.00) until the full $350.00 filing fee has been paid for this action. 26 It is further kindly ordered that the Clerk FILE the complaint (ECF No. 1- 27 1), but NOT issue summons at this time. 28 It is further ordered that Mr. Nobles’ complaint (ECF No. 1-1) is DISMISSED 1 || with leave to amend. 2 It is further ordered that Mr. Nobles’ motion for appointment of counsel 3 || (ECF No. 1-2) is DENIED as moot. 4 It is further kindly ordered that the Clerk SEND to Mr. Nobles the approved 5 || form for filing a civil rights complaint pursuant to

42 U.S.C. § 1983

, instructions 6 || for the same, a copy of his original complaint (ECF No. 1-1), and a courtesy copy 7 || of General Order No. 2021-5. 8 It is furthered ordered that if Mr. Nobles chooses to file an amended 9 || complaint curing the deficiencies of his original complaint, as outlined in this 10 || order, he shall file the amended complaint by October 4, 2025. 11 It is furthered ordered that if Mr. Nobles chooses not to file an amended 12 || complaint curing the stated deficiencies of the complaint, the Court recommends 13 || dismissal of this action for failure to state a claim. 14 15 Dated this 8 day of September 2025. 16 17 18 As jloset Jan 19 ANNE R. TRAUM 20 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28

Reference

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