Gamble v. Southern Desert Correctional et al

Filing 22

ORDER that the Clerk of the Court shall vacate the 16 Order and reinstate Plaintiff's 1 Motion/Application for Leave to Proceed in forma pauperis. No filing fee is due and no funds should be withdrawn from Plaintif'fs account at th is time. The Court will rule on the application to proceed in forma pauperis at a later date. Plaintiff's 17 Motion for Leave to File an Amended Complaint is Granted. If Plaintiff fails to file an amended complaint within 30 days, this cas e shall proceed on the deliberate indifference claim against defendant Williams only. Signed by Magistrate Judge Cam Ferenbach on 3/10/2016. (Copies have been distributed pursuant to the NEF - cc: Finance, Chief of Inmate Services; Complaint instructions/form, 1 -1 Complaint, and 2 Screening Order mailed to Plaintiff - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CLARENCE GAMBLE,

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Plaintiff,
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v.
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BRIAN WILLIAMS,
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Defendant.
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___________________________________ )

2:15-cv-00619-JAD-VCF
ORDER

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On February 16, 2016, the Court issued an order granting Plaintiff’s application to

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proceed in forma pauperis and directing the Clerk of Court to serve defendant. (ECF No. 16).

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The Court’s order was entered prematurely and the Court now VACATES the February 16,

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2016 order and reinstates Plaintiff’s application to proceed in forma pauperis (ECF No. 1).

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IT IS THEREFORE ORDERED the Clerk of the Court shall vacate the February 16,
2016, Order (ECF No. 16).
IT IS FURTHER ORDERED that the Clerk of the Court shall reinstate Plaintiff’s
application to proceed in forma pauperis (ECF No. 1).

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IT IS FURTHER ORDERED that the Clerk of Court shall SEND a copy of this order to

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the Finance Division of the Clerk’s Office. The Clerk of the Court shall also SEND a copy of

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this order to the attention of the Chief of Inmate Services for the Nevada Department of

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Corrections, P.O. Box 7011, Carson City, NV 89702. No filing fee is due in the above-

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referenced case, 2:15-cv-00619-JAD-VCF, and no funds should be withdrawn from Plaintiff’s

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account for this case at this time. The Court will rule on the application to proceed in forma

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pauperis at a later date.
IT IS FURTHER ORDERED that the Plaintiff’s motion for leave to file an amended

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complaint (ECF No. 17) is granted. The Court will screen Plaintiff’s amended complaint (ECF

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No. 17-1) in due course.

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

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

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(ECF No. 1-1), and a copy of the screening order (ECF No. 2). If Plaintiff chooses to file an

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amended complaint, he must use the approved form and he shall write the words “First

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Amended” above the words “Civil Rights Complaint” in the caption.

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IT IS FURTHER ORDERED that if Plaintiff fails to file an amended complaint within 30

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days, this case shall proceed on the deliberate indifference claim against defendant Williams

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only.

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10th
DATED: This _____ day of March, 2016.

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_________________________________
United States Magistrate Judge

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