United States District Court

DISTRICT OF NEVADA

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DeCastro v. Las Vegas Metropolitan PD et al

Federal

On April 17, 2023, Mr. DeCastro went live on YouTube and stated that he was about to file a Federal lawsuit against Las Vegas Metropolitan Police Department, the State of Nevada, numerous officers and John Does. This appears to be in retaliation for his March 15 arrest for Obstruction and Resisting during which Mr. DeCastro can be heard making claims that the officers were violating his rights for turning off his phone which was running a live stream on YouTube, and that an officer holding his arm to restrain him was torture. Shortly afterward, the case appeared on PACER with a case number and Judge assignment.

On October 23, 2023, major portions of this case were DISMISSED, some With Prejudice and some Without. District Judge Andrew P. Gordon issued an order granting the defendents' motion to dismiss 'with prejudice' the portions of Mr. DeCastro's case pertaining to his claims of Fourth Amendment unreasonable search and seizure based on the arrest and search, false imprisonment, invasion of privacy, and negligence based on the arrest and search. He cannot refile these claims.

Included in the order the Judge states "...the officers had probable cause to arrest DeCastro for obstruction."

Mr. DeCastro appears to have ignored the Court's advice and refiled all the charges in his second amended complaint.

On January 10, 2024, Jose DeCastro gave up trying to represent himself after claiming to be a "constitutial legal scholar." He retained his lawyer from his Criminal case in Las Vegas to represent him in this Federal lawsuit. On February 2, 2024, his attorney, Michael Mee, made his first filing in the case in Document 79, Response to 66 Motion. While it appears that some of the claims that were earlier dismissed with prejudice are no longer mentioned, some are.

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Docket # / Document List
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09/03/24: NOTICE of Manual Filing by Defendant Las Vegas Metropolitan Police Department re [98] Response. Object: flash drive,, Description: Exhibit E, manually filed with the Clerk's Office
98. 08/30/24: RESPONSE to [96] Supplement by Defendant Las Vegas Metropolitan Police Department
97. 08/23/24: Order Denying as Moot the Defendants’ Motion to Dismiss and Granting the Defendants’ Motion for Leave to File Supplemental Evidence
96. 08/23/24: Plaintiff's Supplemental Brief Regarding Summary Judgement and the Overturning of Plaintiff's Conviction in the Eighth Judicial District Court of Nevada
95. 08/23/24: LVMPD Defendants' Supplemental Brief
94. 08/21/24: DeCastro’s claims against defendant Citco are DISMISSED without prejudice
93. 08/13/24: Order Granding Motion for Leave to File Supplemental Briefs
92 08/11/24: Exhibits
92. 08/11/24: Plaintiff's Motion for Leave to Set Supplemental Briefing Schedule Regarding Motion for Summary Judgement Following Lower Court's Reversal on Direct Appeal
91. 07/22/24: LVMPD Defendants' Reply to Plaintiff's Opposition to Motion for Summary Judgement [re 90]
90. 07/08/24: Exhibit 1 - Original Case Transcript
90. 07/08/24: (Plaintiff's) RESPONSE to [86] Motion for Summary Judgment by Plaintiff Jose DeCastro
89. 07/08/24: ORDER granting [88] Motion to Extend Time
88. 07/05/24: Plaintiff's Unopposed Motion to Extend Time
87. 06/14/24: Manual Filing Notice for Several Exhibits Contained in Docket #86
86. 06/14/24: Defendant's Motion for Summary Judgement with Officer's Report (Exhibit J) and Citations Written (Exhibit K)
85. 05/13/24: Order dismissing claims against the State of Nevada without prejudice
84. 04/05/24: Notice Regarding Intention To Dismiss Pursuant to Rule 4(m) Defendants Citco and State of Nevada
83. 04/05/24: Defendants Motion for Leave to File Supplemental Evidence in Support of Summary Judgement
82. 03/29/24: Order on Motion for Miscellaneous Relief: Order DENYING Motion to Recuse
81. 02/12/24: Defendants' Notice of Manual Filing of Exhibit K Attached to Reply in Support of Motion to Dismiss (EFC NO. 80)
80. 02/09/24: REPLY to Response to [66] Motion to Dismiss by Defendant Las Vegas Metropolitan PD
79. RESPONSE to 66 Motion to Dismiss by Plaintiff Jose DeCastro. Replies due by 2/9/2024
78. GRANTED: Stipulation to Extend Deadline for Plaintiff's Opposition to Motion to Dismiss (ECF 66)
77. Stipulation to Extend Deadline for Plaintiff's Opposition to Motion to Dismiss (ECF 66)
76. 01/10/24: Notice of Appearance of Counsel for Plaintiff (Michael Mee)
75. 12/29/23: ORDER: Granting [71] in part. Request for extension of time GRANTED. Plaintiff's request to Strike the Defendants Motion to Dismiss DENIED
74. 12/28/23: ORDER: Plaintiff’s Motion to Compel Discovery Responses [72] is DENIED
73. 12/28/23: Defendants’ Opposition to Plaintiff's Motion to Compel Discovery (ECF No. 72)
72. 12/22/2023: MOTION to Compel Discovery Responses by Plaintiff Jose DeCastro.
71. 12/22/2023: MOTION to Strike DEFENDANTS MOTION to Dismiss [RE 66] or in the Alternative for Extension of Time To File an Opposition by Plaintiff Jose DeCastro
70. 12/18/23: Defendants’ Opposition to Plaintiff's Motion for Reconsideration (ECF NO. 64)
69. 12/15/23: Plaintiff's Notice of Change of Address
68. 12/13/23: Mandate: Appeals Case 23-16089 judgement, entered 11/21/23, takes effect this date.
67. 12/12/23: Defentants’ Notice of Manual Filing of Exhibits
66. 12/11/23: DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT
65. 12/05/23: (Plaintiff) Reply in Support of Plaintiff Motion for Recusal
12/05/23: Plaintiff Jose Maria DeCastro's Rule 26(a) Initial Disclosures 1
64. 12/04/23: MOTION For Reconsideration Under Rule 59(e) re [EFC No. 44]
63. 11/28/23: DEFENDANTS LVMPD, OFC. TORREY, OFC. BOURQUE, OFC. DINGLE, OFC. SORENSON, OFC. SANDOVAL AND OFC. DOOLITTLE’S OPPOSITION TO PLAINTIFF’S MOTION TO RECUSE FOR APPARENT BIAS [ECF NO. 50]
62. 11/28/23: ORDER. Plaintiffs Motion for Extension of Time to File Rule 59(e) Motion 60 is GRANTED to the extent that Plaintiff is given through and including December 5, 2023 to file the motion he believes remains pertinent to the Courts Order at 45. No further extensions will be granted. Except as stated above, Plaintiffs Motion for Extension of Time to File Rule 59(e) Motion is DENIED.
61. 11/27/23: Amended Complaint filed by Jose Maria DeCastro
60. 11/24/23: Motion for Extension of Time to File Rule 59(e) Motion re [ECF No. 45]
59. 11/27/23: GRANTED: Plaintiff's Motion for Extention of Time To File Second Amended Complaint [EFC No. 58] (TEXT ONLY. NO PDF)
58. 11/21/23: MOTION For Extension of Time to File Second Amended Complaint
57. 11/21/23: MEMORANDUM of USCA, Ninth Circuit, Affirming Judgment of US District Court as to [41] Notice of Appeal, filed by Jose DeCastro.
56. 11/20/23: AO 85 Notice of Availability, Consent, and Order of Reference
55. 11/20/23: Joint Discovery Plan and Scheduling Order
54. 11/20/23: [PROPOSED] Joint Discovery Plan and Scheduling Order (Scheduling Review Requested)
53. 11/17/23: Order Pending before the Court re [52] Plaintiff’s Motion for Clarification.
52. 11/15/23: MOTION for Clarification [35] Minute Order by Plaintiff Jose DeCastro.
51. 11/15/23: Minute Order Pertaining to [49]
50. 11/14/23: MOTION to Recuse for Apparent Bias by Plaintiff Jose DeCastro.
49. 11/14/23: Plaintiffs Unopposed Motion For Extension of Time To File Proposed Discover Plan and Scheduling Order by Plaintiff Jose DeCastro
48. 11/09/23: Order AND Order on Motion to Extend/Shorten Time
47. 11/08/23: AFFIDAVIT of Noncompliance filed by Plaintiff Jose DeCastro
46. 11/08/23: Motion for Extensionof Time to File Rule 59(e) Motion regarding [45]
45. 10/24/23: Order [ECF 37] DENIED as Moot. (Text only, No PDF File Attached.)
44. 10/23/23: Order Granting in Part Defendants’ Motion to Dismiss
43. 08/17/23: Appeal Case Number Assigned (From Appeal Paperwork of 8/14/23)
42. 08/17/23: Clerk's ENTRY OF DEFAULT as to State of Nevada re 36 Motion for Entry of Clerks Default.
41. Receipt #200005264
41. 08/11/23: Plaintiff's Notice of Appeal (Preliminary Injunction Appeal) (Posted 8/14/23)
40. 08/09/23: Reply in Support of Plantiff's Motion to Partially Strike Defendants' Answer and to have Responses in Defendants's Answer Deemed Admitted by Plaintiff Jose DeCastro. (Entered: 08/11/2023)
39. 08/07/23: Order Denying [ECF No. 22] Motion for Reconsideration
38. 08/04/23: Defendants Opposition to Plaintiff's Motion To Partially Strike Answer and to have Responses in Answer Deemed Admitted [37]
37. 07/24/23: MOTION to Partially Stike Defendant's Answer by Plaintiff Jose DeCastro. Responses due by 8/7/2023
36. 07/24/23: Application to Clerk for Entry of Default; Declaration of Jose DeCastro
35. 07/21/23: Minute Order AND Order on Motion to Stay Case
34. 07/19/23: (Posted 07/20/23) PLAINTIFF’S NON-OPPOSITION TO [32] DEFENDANT’S MOTION TO STAY DISCOVERY
33. 07/06/23: ANSWER to [13] Amended Complaint filed by Las Vegas MPD
32: 07/06/23: MOTION to Stay Discovery by Defendant LVMPD. Responses due by 7/20/2023
31. 06/27/23: SUMMONS Returned Executed by Jose DeCastro. State of Nevada served on 6/23/2023
30. 06/23/23: REPLY to 27 Response to [15] Motion to Dismiss,, by Defendant Las Vegas Metropolitan Police Department
29. 06/22/23: PLAINTIFFS REPLY to [26] Response [re 22] Motion to Reconsider, by Plaintiff Jose DeCastro
28. ERROR: Entered in error. Duplicate entry as [27] response. (Text Only, No Document)
27. 6/16/23: RESPONSE to [15] Motion to Dismiss by Plaintiff Jose DeCastro. Replies due by 6/23/2023
26. 06/20/23: RESPONSE to [22] Motion for Reconsideration by Defendant Las Vegas Metropolitan Police Department. Replies due by 6/27/2023
25. 06/15/23: ORDER Denying [23] Non-party Jason Jensen's Motion for leave to file an opposition to defendants' motion to dismiss. IT IS FURTHER ORDERED that Jason Jensen must cease filing documents in this case
24. 06/13/23: ORDER - Jensen's Motion for Joinder Plaintiff's Motion to Stay and Motion for Extraordinary Writ of Mandamus (ECF No. 20 ) is DENIED.
23. 6/13/23: Jensen’s Motion for Leave to File in Opposition to [15] Motion to Dismiss (Posted 6/14)
22. 06/13/23: MOTION to Reconsider [re 19] Order on Motion for Preliminary Injunction by Plaintiff Jose DeCastro. Responses due by 6/27/2023
21. 06/12/23: Consent for Electronic Service of Documents as to Jason Jensen (Filed prior to [20])
20. 06/13/23: MOTION JENSENS MOTION FOR JOINDER PLAINTIFFS MOTION TO STAY AND MOTION FOR EXTRAORDINARY WRIT OF MANDAMUS by Plaintiff. Responses due by 6/27/2023
19. 06/12/23: Order Denying Motion [18] For Preliminary Injunction
18. Attachment: MEET AND CONFER CERTIFICATION
18. 06/08/23: MOTION for Preliminary Injunction by Plaintiff Jose DeCastro. Responses due by 6/22/2023
17. 06/07/23: JOINDER to [15] Motion to Dismiss,, by Defendant Jason Torrey
16. 06/05/23: CERTIFICATE of Interested Parties by B Bourque, C Dingle, C Doolittle, LVMPD, J Sandoval, B Sorenson
15. 06/01/23: MOTION to Dismiss [13] Amended Complaint by Defendants
14. 05/09/23: CERTIFICATE OF SERVICE for [13] Amended Complaint by Plaintiff Jose DeCastro
13. 05/07/23: AMENDED COMPLAINT with Jury Demand against B Bourque, C Dingle, C Doolittle, LVMPDepartment, J Sandoval, B Sorenson, State of Nevada, J Torrey
12. 05/02/23: Order. Motions [8], [9], [10] DENIED
11. 05/01/23: CERTIFICATE of Interested Parties by Jose DeCastro
10. 04/28/23: MOTION for Leave to file first amended complaint by Plaintiff Jose DeCastro. Responses due by 5/12/2023
9. 04/28/23: MOTION for extension of time to serve summons by Plaintiff Jose DeCastro. Responses due by 5/12/2023
8. 05/01/23: MOTION for early discovery by Plaintiff Jose DeCastro. Responses due by 5/12/2023
7. 05/01/23: SUMMONS Returned Executed by Las Vegas Metropolitan PD
6. 04/28/23: CLERK'S NOTICE. Certificate of Interested Parties has not been filed
5. 04/18/23: ORDER GRANTING Pro Se Litigant to Electronic File
4. Attachment: Consent for Electronic Service of Documents
4. 04/18/2023: Advisory Letter Pro Se non-habeas and Consent for Electronic Service of Documents to litigant
3. 04/18/2023: SUMMONS ISSUED as to B Bourque, C Dingle, Doolittle, LVMPD, J Sandoval, B Sorenson, State of Nevada, J Torrey
2. Attachment: Civil Cover Sheet
2. Attachment: Receipt 200003606
2. 04/02/23: COMPLAINT against B Bourque, C Dingle, Doolittle, LVMPDepartment, J Sandoval, B Sorenson, State of Nevada, J Torrey
1. 04/18/23: MOTION for Pro Se Litigant to File Electronically by Plaintiff Jose DeCastro. Responses due by 5/2/2023

1 Document courtesty of Welsh News Network

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