Jones v NDOC, et al

Filing 21

ORDER DISMISSING CASE AS FRIVOLOUS. Certificate of Appealability is DENIED. Signed by Judge Philip M. Pro on 4/11/2011. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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JOHNNY LEE JONES, III,
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Plaintiff,

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v.

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NDOC, et al.,

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Defendants.

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2:11-CV-00027-PMP-GWF
ORDER

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Before the Court for consideration is Plaintiff’s Motion for Preliminary

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Injunction (Doc. #3) filed February 11, 2011 and Plaintiff’s Motion for Preliminary

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Injunction (Doc. #8) filed February 24, 2011.

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On March 3, 2011 the Court conducted a hearing on Plaintiff’s Motions (Doc.

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#13). At that hearing, the Court directed that Plaintiff Jones be medically examined to

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assess medically the condition of his alleged throat condition. That medical examination

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has been completed and is reflected in the Response of Defendant Aranas (Doc. #16) filed

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April 4, 2011, as well as Supporting Documentation Submitted Under Seal and In Camera

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(Doc. #18).

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Having read and considered the foregoing, it is apparent to the Court that

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Plaintiff Jones does not suffer from throat cancer. Neither does the record support Plaintiff

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Jones’ claim that he has been the victim of negligent treatment or deliberate indifference to

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a serious medical condition so as to give rise to relief requested in his Complaint (Doc #1).

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IT IS THEREFORE ORDERED that Plaintiff’s Motions for Preliminary
Injunction (Doc. ## 3 & 8) are DENIED.

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IT IS FURTHER ORDERED that Defendant’s Motion for Leave to File
Exhibits Under Seal (Doc #17) is GRANTED.

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IT IS FURTHER ORDERED that Plaintiff’s Complaint (Doc. #1) is hereby

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DISMISSED as legally frivolous in accord with Nietckev v. Williams, 490 U.S. 319

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(1989).

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IT IS FURTHER ORDERED that Judgment is hereby entered in favor of
Defendants and against Plaintiff
IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.
DATED: April 11, 2011.

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PHILIP M. PRO
United States District Judge

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