Griffin v. Las Vegas Metropolitan Police Department ( 2024 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 ||Laura Griffin, Case No. 2:24-cv-01209-CDS-EJY 5 Plaintiff Order 6 v. 7 ||Las Vegas Metropolitan Police Department, 8 Defendant 10 In this removed case, plaintiff Laura Griffin, counseled, brings a civil-rights action for 11 |}events that took place while she was in the custody of the Las Vegas Metropolitan Police 12 || Department. ECF No. 1-1. Griffin is not incarcerated and defendant, during removal, paid the $405 13 || filing fee for a civil action. ECF No. 1. As such, this case will proceed onto the normal litigation 14 ||track and will not be screened. See generally 28 U.S.C. § 1915A (the plaintiff is no longer a prisoner 15 || within the meaning of the Prison Litigation Reform Act); see Olivas v. Nevada ex rel. Dep’t of Corr., 856 16 || F.3d 1281, 1282 (9th Cir. 2017) (holding that “28 U.S.C. § 1915A applies only to claims brought by 17 individuals incarcerated at the time they file their complaints”); see Lopez v. Smith, 203 F.3d 1122, 18 |[ 1126, 1129 (9th Cir. 2000) (recognizing that screening under 28 U.S.C. § 1915(e) applies to actions 19 || filed in forma pauperis whether or not the plaintiff is incarcerated). 20 For the foregoing reasons, I order that this case is not subject to screening and will 21||proceed onto the normal litigation track pursuant to the Federal Rules of Civil Procedure. 22 Dated: July 31, 2024 / / 23 LZ 24 seni U ined States District Judge 25 L / 26 27 28