Willing v. Arms et al

Filing 27

ORDER re 5 Screening Order. Clerk shall issue Summonses for Defendants Arms, Nye County Detention, and Health Care Partners. Signed by Judge Andrew P. Gordon on 3/3/2015. (Copies have been distributed pursuant to the NEF - DC)

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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. at 7).

(Dkt. #5 at 8).

(Id.).

The Court

The Court also granted

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

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preliminary injunction. (Dkt. #10 at 2). On October 14, 2014, Plaintiff filed a notice of

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appeal as to the denial of the motion for preliminary injunction. (Dkt. #11). On January

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13, 2015, the Ninth Circuit Court of Appeals entered an order affirming this Court’s order

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denying preliminary injunctive relief. (Dkt. #21 at 2).

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On January 26, 2015, this Court issued an order granting Plaintiff 30 days from

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the date of that order to file an amended complaint to cure the deficiencies of his

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deliberate indifference claim as stated in this Court’s September 23, 2014 screening

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order. (Dkt. #23 at 2). The Court informed Plaintiff that if he did not file an amended

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complaint, the action would proceed only on the deliberate indifference claim against

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Defendants Arms, Nye County Detention, and Health Care Partners. (Id.). The thirty

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days have passed and Plaintiff has not filed an amended complaint. As such, this

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action shall proceed on the deliberate indifference claim against Defendants Arms, Nye

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County Detention, and Health Care Partners only.

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that, pursuant to this Court’s

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September 23, 2014 screening order, Plaintiff’s deliberate indifference claim shall

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

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IT IS FURTHER ORDERED that, pursuant to this Court’s September 23, 2014,

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screening order, Plaintiff’s deliberate indifference claim is dismissed against Defendants

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Martinez and Medina for failure to state a claim.

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IT IS FURTHER ORDERED that the Clerk of Court SHALL ISSUE summonses

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for Defendants Arms, Nye County Detention, and Health Care Partners, AND DELIVER

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THE SAME, along with the complaint (Dkt. #6), to the U.S. Marshal for service. The

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Clerk also SHALL SEND to Plaintiff three (3) USM-285 forms, one copy of the

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complaint and a copy of this order. Plaintiff shall have thirty (30) days within which to

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furnish to the U.S. Marshal the required USM-285 forms with relevant information as to

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each defendant on each form. Within twenty (20) days after receiving from the U.S.

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Marshal a copy of the USM-285 forms showing whether service has been

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accomplished, Plaintiff must file a notice with the Court identifying which Defendants

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were served and which were not served, if any. If Plaintiff wishes to have service again

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attempted on an unserved defendant(s), then a motion must be filed with the Court

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identifying the unserved defendant(s) and specifying a more detailed name and/or

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address for said defendant(s), or whether some other manner of service should be

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attempted.

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IT IS FURTHER ORDERED that henceforth, Plaintiff shall serve upon

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defendants or, if appearance has been entered by counsel, upon the attorney(s), a copy

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of every pleading, motion or other document submitted for consideration by the Court.

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Plaintiff shall include with the original paper submitted for filing a certificate stating the

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date that a true and correct copy of the document was mailed to the defendants or

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counsel for the defendants. The Court may disregard any paper received by a district

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judge or magistrate judge which has not been filed with the clerk, and any paper

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received by a district judge, magistrate judge or the clerk which fails to include a

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certificate of service.

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Dated: March 3, 2015.

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UNITED STATES DISTRICT JUDGE

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