Green v. High Desert State Prison Medical Department et al

Filing 62

ORDER. IT IS ORDERED that plaintiff Frederic Green's Count II against L. Stewart, Count VII against Bob, and Count VIII against Art are to be DISMISSED without prejudice. Signed by Judge Andrew P. Gordon on 5/1/2019. (Copies have been distributed pursuant to the NEF - MR)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 FREDERIC GREEN,
4

Case No.: 2:17-cv-00090-APG-PAL

Plaintiff
Order Dismissing Counts II, VII, and VIII

5 v.
6 HIGH DESERT STATE PRISON MEDICAL
DEPARTMENT, et al.,
7
Defendants
8
9

In his amended complaint, plaintiff Frederic Green sued nine defendants for violating his

10 Eighth Amendment rights by acting deliberately indifferent to his medical needs. In Count II, he
11 sues defendant “L. Stewart, charge nurse,” in Count VII he sues defendant “Mr. Bob, Director of
12 Nurses,” and in Count VIII he sues “Mr. Art, charge nurse.” ECF No. 4 at 2-3. The amended
13 complaint provides no other information for these three defendants except that they work in the
14 High Desert State Prison Medical Department.
15

On April 11, 2019, I ordered Green to show cause why his claims against L. Stewart, Art,

16 and Bob should not be dismissed without prejudice for failure to timely and properly serve them
17 and for failure to prosecute his claims against them. ECF No. 60. On April 24, 2019, Green
18 responded by stipulating to the dismissal of L. Stewart, Art, and Bob. ECF No. 61 at 2.
19

IT IS THEREFORE ORDERED that plaintiff Frederic Green’s Count II against L.

20 Stewart, Count VII against Bob, and Count VIII against Art are to be DISMISSED without
21 prejudice.
22

DATED this 1st day of May, 2019.

23
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE