Jones v. Aranas et al

Filing 13

ORDER that Plaintiff shall file his updated address with the Court on or before Friday, April 1, 2016. FURTHER ORDERED that, if Plaintiff fails to file his updated address with the Court on or before Friday, April 1, 2016, the Court shall dismiss t his case without prejudice. FURTHER ORDERED that if Plaintiff chooses to file an amended complaint in compliance with this Court's screening order (ECF No. 8 ) he shall do so on or before Friday, April 1, 2016. FURTHER ORDERED that if Plaintiff files an updated address with the Court but does not file an amended complaint with the Court on or before Friday, April 1, 2016, this action shall proceed against Defendants Nurse Gregg, Bankston, and Anderson on the deliberate indifference to seri ous medical needs claim only. FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the approved form for filing a § 1983 complaint, instructions for the same, a copy of his original complaint (ECF No. 9 ), and a copy of the scree ning order (ECF No. 8). If Plaintiff chooses to file an amended complaint, he must use the approved form and he shall write the words "First Amended" above the words "Civil Rights Complaint" in the caption. Signed by Magistrate Judge George Foley, Jr on 3/14/16. (Copies have been distributed pursuant to the NEF: blank 1983 form w/instructions & copy of complaint to plaintiff - MMM)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

12

)
)
Plaintiff,
)
)
v.
)
)
ROMEO ARANAS et al.,
)
)
Defendants.
)
)
___________________________________ )

13

I.

7
8
9
10
11

JASON MARCUS JONES,

2:15-cv-01720-RFB-GWF
ORDER

DISCUSSION

14

When Defendants removed this case, Plaintiff’s address was located at High Desert

15

State Prison (“HDSP”). (See ECF No. 1-4). Plaintiff has not submitted a written notification

16

of his change of address. On February 17, 2016, this Court entered a screening order and

17

directed Plaintiff to file an amended complaint within thirty (30) days from the date of that order

18

to cure the deficiencies of Plaintiff’s complaint. (ECF No. 8 at 10). The screening order stated

19

that if Plaintiff chose not to file an amended complaint, the case would proceed against

20

Defendants Nurse Gregg, Bankston, and Anderson on the deliberate indifference to serious

21

medical needs claim only. (Id. at 10-11). On March 1, 2016, the Clerk’s Office received the

22

order returned as undeliverable because Plaintiff was no longer at HDSP. (ECF No. 11).

23

The Court notes that pursuant to Nevada Local Special Rule 2-2, “[t]he plaintiff shall

24

immediately file with the Court written notification of any change of address. The notification

25

must include proof of service upon each opposing party or the party’s attorney. Failure to

26

comply with this Rule may result in dismissal of the action with prejudice.” Nev. Loc. Special

27

R. 2-2. This Court grants Plaintiff until Friday, April 1, 2016 to file his updated address with

28

this Court. If Plaintiff does not update the Court with his current address on or before Friday,
April 1, 2016, the Court will dismiss this action without prejudice.

1

Additionally, if Plaintiff chooses to file an amended complaint in compliance with this

2

Court’s screening order (ECF No. 8), Plaintiff shall do so on or before Friday, April 1, 2016.

3

II.

4
5

CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff shall file his updated address

with the Court on or before Friday, April 1, 2016.

6

IT IS FURTHER ORDERED that, if Plaintiff fails to file his updated address with the

7

Court on or before Friday, April 1, 2016, the Court shall dismiss this case without prejudice.

8

IT IS FURTHER ORDERED that if Plaintiff chooses to file an amended complaint in

9

compliance with this Court’s screening order (ECF No. 8) he shall do so on or before Friday,

10

April 1, 2016.

11

IT IS FURTHER ORDERED that if Plaintiff files an updated address with the Court but

12

does not file an amended complaint with the Court on or before Friday, April 1, 2016, this

13

action shall proceed against Defendants Nurse Gregg, Bankston, and Anderson on the

14

deliberate indifference to serious medical needs claim only.

15

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

16

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

17

complaint (ECF No. 9), and a copy of the screening order (ECF No. 8). If Plaintiff chooses to

18

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

19

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

20
21

DATED: This 14th day of March, 2016.

22
23

_________________________________
United States Magistrate Judge

24
25
26
27
28
2