Cisneros v. Nevada Department of Corrections

• Court: District Court, D. Nevada
• Decided: March 20, 2024
• Docket: 3:23-cv-00629
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 MARIO CISNEROS, Case No. 3:23-cv-00629-LRH-CSD 4 J Plaintiff, ORDER ° NEVADA DEPARTMENT OF 6 CORRECTIONS, 7 Defendant. 8 9] I. DISCUSSION 10 Plaintiff Mario Cisneros brings this counseled civil-rights action under 42 U.S.C. 11 || § 1983 for events that took place when he was in the custody of the Nevada Department 12 || of Corrections. (ECF Nos. 1, 6). Plaintiff is no longer incarcerated and has paid the $405 13 || filing fee for a civil action. As such, this case will proceed onto the normal litigation track 14 || and will not be screened. See generally 28 U.S.C. § 1915A (the plaintiff is no longer a 15 || prisoner within the meaning of the Prison Litigation Reform Act); see Olivas v. Nevada ex 16 || rel. Dep't of Corr., 856 F.3d 1281, 1282 (9th Cir. 2017) (holding that “28 U.S.C. § 1915A 17 || applies only to claims brought by individuals incarcerated at the time they file their 18 || complaints”); see Lopez v. Smith, 203 F.3d 1122, 1126, 1129 (9th Cir. 2000) (recognizing 19 || that screening under 28 U.S.C. § 1915(e) applies to actions filed in forma pauperis 20 || whether or not the plaintiff is incarcerated). 21 |} Il. CONCLUSION 22 For the foregoing reasons, it is ordered that this case is not subject to screening 23 || and will proceed onto the normal litigation track pursuant to the Federal Rules of Civil 24 || Procedure. 25 DATED THIS 20" day of March, 2024. 26 .

28 LA R. HICKS UNITED STATES DISTRICT JUDGE