Sanchez v. State, Dept. of Corrections ( 2014 )


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  •                  that "Whe facts as stated simply do not state a civil rights claim for relief."
    We have reviewed appellant's complaint and his reply to the district
    court's order directing him to submit points and authorities demonstrating
    a factual and legal basis for his claims for relief. Having done so, we agree
    with the district court that, based on the facts alleged, appellant failed to
    adequately articulate any recognizable causes of action under the
    constitutional amendments cited.      Jordan v. State ex rel. Dep't of Motor
    Vehicles & Pub. Safety,      
    121 Nev. 44
    , 57-58, 
    110 P.3d 30
    , 41 (2005)
    (recognizing that a district court may dismiss a complaint after the
    plaintiff has had an opportunity and failed to cure perceived defects in the
    complaint), abrogated on other grounds by Buzz Stew, LLC v. City of N.
    Las Vegas, 
    124 Nev. 224
    , 228 n.6, 
    181 P.3d 670
    , 672 n.6 (2008); Buzz Stew,
    124 Nev. at 227-28, 
    181 P.3d at 672
     (2008) (recognizing that dismissal of a
    complaint is proper when the complaint's factual allegations, even when
    recognized as true, do not satisfy the elements of the causes of action being
    asserted). Accordingly, we
    ORDER the judgment of the district court AFFIRMED.
    J.
    Pcring          141
    eashoLjar                    J.
    Parraguirre
    Saitta
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A    e
    cc:   Hon. Steve L. Dobrescu, District Judge
    Amadeo J. Sanchez
    Attorney General/Carson City
    White Pine County Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    

Document Info

Docket Number: 64208

Filed Date: 7/23/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014