Carrasco

MEMORANDUM *

Gilbert Carrasco appeals the district court’s granting of summary judgment in favor of the Las Vegas Metropolitan Police Department and Officer James Fink (LVMPD) on his civil rights complaint pursuant to 42 U.S.C. § 1983 . 1 We have jurisdiction and we affirm in part and reverse in part.

I

Carrasco challenges the sufficiency of the Klingele notice that he was sent. 2 However, we need not reach this issue in view of our decision reversing the summary judgment.

II

Carrasco contends that he should not be accountable for the lack of response to the Requests for Admissions because he may not have received the Requests and there was inadequate “notice” of the consequences of failing to respond. We disagree. That he might not have received the Requests is sheer speculation; nor does any basis appear for faulting the district court for not giving Carrasco more time to respond. He never asked for it. Further, the Requests for Admissions clearly explains at the beginning that the subject matter of the Request would be deemed admitted unless Carrasco denied or objected as set forth in Rule 36 within thirty days.

Beyond this, Carrasco argues that LVMPD’s motion for summary…