Willing v. Arms et al

Filing 23

ORDER Denying 20 Motion to order Defendants to reply. Amended Complaint due within 30 days. Signed by Judge Andrew P. Gordon on 1/26/2015. (Copies have been distributed pursuant to the NEF; CC: Plaintiff with a required forms - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHRISTOPHER J. WILLING,

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ORDER

Plaintiff,

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Case No. 2:14-cv-1122-APG-PAL

v.
DEPUTY ARMS et al.,

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Defendants.

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I.

DISCUSSION

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On September 23, 2014, this Court entered a screening order dismissing a

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portion of Plaintiff’s deliberate indifference claim with leave to amend and permitted a

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portion of the deliberate indifference claim to proceed.

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granted Plaintiff 30 days to amend his complaint.

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Plaintiff’s application to proceed in forma pauperis. (Id.).

(Dkt. #5 at 8).

(Id.).

The Court

The Court also granted

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On October 1, 2014, Plaintiff filed a motion for preliminary injunction. (Dkt. #8).

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Plaintiff alleged that he needed surgery for his collar bone and for a tumor mass on his

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back but Defendants had denied surgery.

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assessments from doctors and Defendants’ denial of surgery. (Id. at 3-6). Defendants

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denied surgery because the documentation did not include “written verification from a

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doctor stating that medical request is medically necessary and why.” (Id. at 6).

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(Id. at 2).

Plaintiff attached medical

On October 7, 2014, this Court issued an order denying Plaintiff’s motion for
preliminary injunction.

(Dkt. #10 at 2).

The Court found that the medical reports

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demonstrated that a doctor was going to refer Plaintiff to general surgery for further

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evaluation and not that he needed surgery. (Id.). The Court found that Plaintiff could

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not demonstrate that he was likely to suffer irreparable harm in the absence of

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preliminary relief. (Id.).

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On October 14, 2014, Plaintiff filed a notice of appeal as to the denial of the

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motion for preliminary injunction. (Id.). On January 13, 2015, the Ninth Circuit Court of

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Appeals entered an order affirming this Court’s order denying preliminary injunctive

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relief. (Dkt. #21 at 2).

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The Court now grants Plaintiff 30 days from the date of this order to file an

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amended complaint to cure the deficiencies of his deliberate indifference claim against

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Defendants Martinez and Medina as stated in this Court’s September 23, 2014

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screening order. (Dkt. #5 at 8). It is further ordered that if Plaintiff chooses not to file an

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amended complaint curing the stated deficiencies of his deliberate indifference claim

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against Martinez and Medina, this action shall proceed on the deliberate indifference

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claim against Defendants Arms, Nye County Detention, and Health Care Partners only.

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(Id.).

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The Court denies Plaintiff’s motion to order Defendants to reply. (Dkt. #20).

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None of the defendants has been served in this case. The Court will issue an order on

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service after Plaintiff determines whether he will file an amended complaint. If Plaintiff

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files an amended complaint, the Court will issue an order on service after the Court

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screens the amended complaint. If Plaintiff chooses not to file an amended complaint,

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the Court will issue an order on service as soon as Plaintiff informs the Court of his

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desire to proceed on the original complaint or upon the expiration of the 30 day deadline

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to file an amended complaint.

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that the motion to order Defendants

to reply (Dkt. #20) is denied.

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IT IS FURTHER ORDERED that Plaintiff has 30 days from the date of this order

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to file an amended complaint to cure the deficiencies of his deliberate indifference claim

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against Defendants Martinez and Medina as stated in this Court’s September 23, 2014

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screening order (Dkt. #5).

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IT IS FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the

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approved form for filing a § 1983 complaint, instructions for the same, and a copy of his

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original complaint (Dkt. #6) and this Court’s screening order (Dkt. #5).

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chooses to file an amended complaint, he must use the approved form and he shall

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write the words “First Amended” above the words “Civil Rights Complaint” in the

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If Plaintiff

caption.

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IT IS FURTHER ORDERED that if Plaintiff chooses not to file an amended

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complaint curing the stated deficiencies of his deliberate indifference claim against

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Martinez and Medina, this action shall proceed on the deliberate indifference claim

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against Defendants Arms, Nye County Detention, and Health Care Partners only.

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Dated: January 26, 2015.

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UNITED STATES DISTRICT JUDGE

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