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Albanese v. Las Vegas Metropolitan Police Department

United States District Court, D. Nevada

January 8, 2018

Grace Albanese, Plaintiff
v.
Las Vegas Metropolitan Police Department, Defendant

          ORDER SUSTAINING OBJECTION TO REPORT AND RECOMMENDATION [ECF NOS. 6, 7]

          JENNIFER A. DORSEY U.S. DISTRICT JUDGE.

         Since March 9, 2016, pro se plaintiff Grace Albanese has filed 45 civil cases in this court against a myriad of government and law-enforcement agencies including the Las Vegas Police Department, [1] Las Vegas Metropolitan Police Department, [2] “Homeland Security, ”[3] Federal Bureau of Investigations, [4] Department of Homeland Security, [5] “Las Vegas Metro Police Dept, ”[6]Regional Transportation Commision [sic] of Southern Nevada, [7] “Homeland Security of the United States, LasVegas, NV, ”[8] and the Transportation Security Administration.[9] In this particular case, Ms. Albanese sues the Las Vegas Metropolitan Police Department for “[o]bstruction of justice and denying [her] equal protection.” She alleges that when she “call [sic] 311 [sic] for help, Sgt. Johnson cancelled [her] call” and told her that her neighbors in apartments 3 and 9 were not watching her, and that he would not allow officers to respond to her call.[10] She demands $500, 000.

         On June 8, 2017, Magistrate Judge Hoffman denied Albanese's application to proceed in forma pauperis because it was incomplete, and he ordered her to file a new, completed pauper application.[11] Four days later, Albanese filed another application, but it had the same deficiencies as the first, so Judge Hoffman denied it, too.[12] He gave her one more chance to file a completed pauper application or pay the full $400 filing and warned her that failure to do so by July 17, 2017, would result in his recommendation that this case be dismissed.[13]

         That deadline came and went, and Albanese did not file another pauper application-let alone a completed one.[14] True to his word, Judge Hoffman recommends that I dismiss this case.[15] Ms. Albanese objects to the recommendation, arguing that “a [sic] empty envelope arrived at [her] address from [this court] about 3 months ago” and she had “sent it to the F.B.I. for finger print [sic] analysis.”[16] She believes that the allegedly empty envelope was supposed to contain her pauper application. Accepting Albanese's story as true, I will give her one final opportunity to file a completed pauper application.

         Accordingly, IT IS HEREBY ORDERED that Albanese's objection [ECF No. 7] to Magistrate Judge Hoffman's report and recommendation [ECF No. 6] is SUSTAINED and the report and recommendation is REJECTED.

         The Clerk of Court is directed to SEND to Albanese a blank application to proceed in forma pauperis by a non-prisoner along with instructions to complete it.

         Albanese has until February 8, 2018, to file a COMPLETED application to proceed in forma pauperis. If Albanese fails to comply with this court-ordered deadline, this action will be dismissed with prejudice without further prior notice.

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Notes:

[1] See, e.g., 2:17-cv-01972-JAD-NJK.

[2] See, e.g., 2:17-cv-01973-RFB-PAL.

[3] See, e.g., 2:17-cv-01874-RFB-VCF.

[4] See, e.g., 2:17-cv-01871-JAD-VCF.


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