Tate v. Las Vegas Metropolitan Police Department

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Xavier Tate, Case No.: 2:25-cv-01559-JAD-DJA 4 Plaintiff 5 v. Order 6 Las Vegas Metropolitan Police Department, et al., — 7 — Defendants — 8 — — 9 — 10 Plaintiff Xavier Tate brings claims under 42 U.S.C. § 1983 and Nevada law, contending 11 that his federal and state rights were violated when a corrections officer used excessive force 12 against him, left him naked in a cell, and called him racial slurs while he was a pretrial detainee 13 at Clark County Detention Center.1 Tate was not detained or incarcerated as of the complaint’s 14 filing,2 and the defendants have paid the full $405 filing fee for this removed civil action.3 15 Because Tate is neither a “prisoner” within the Prison Litigation Reform Act’s meaning nor 16 proceeding in forma pauperis, his complaint is not subject to screening under 28 U.S.C. 17 §§ 1915A or 1915(e)(2).4 — 18 — 1 ECF No. 1-1. — 19 — 2 See id. at ¶ 16. 20 3 ECF No. 1. 4 See 28 U.S.C. § 1915A (defining “prisoner” and requiring courts to screen complaints filed by — 21 — prisoners who seek redress from governmental entities, officers, or employees); see Olivas v. Nevada ex rel. Dep’t of Corr., 856 F.3d 1281, 1282 (9th Cir. 2017) (holding that “28 U.S.C. — 22 — § 1915A applies only to claims brought by individuals incarcerated at the time they file their complaints”); see Lopez v. Smith, 203 F.3d 1122 , 1126, 1129 (9th Cir. 2000) (recognizing that — 23 — screening under 28 U.S.C. § 1915 (e) applies to actions filed in forma pauperis whether or not the plaintiff is incarcerated). ] IT IS THEREFORE ORDERED that the court will not enter an order screening the 2|| plaintiff's complaint; rather, this case will proceed immediately onto the normal litigation track 3] under the applicable local and federal civil procedural rules. 4 Dated: September 17, 2025 2 es USS. District udge — 6 — — 7 — — 8 — — 9 — — 10 — 1] — 12 — — 13 — — 14 — — 15 — — 16 — — 17 — — 18 — — 19 — — 20 — — 21 — — 22 — — 23 —