Edwards v. Washoe County Sheriffs Off. et al

Filing 14

ORDER. Pursuant to the 11 screening order this action shall proceed on the following claims:Portions of Count I alleging Fourteenth Amendment due process claims for failure to protect and deliberate indifference to serious medical needs again st Defendant Zerby;Count II;Portion of Count III alleging a Fourteenth Amendment due process claim for failure to protect against Defendants Zerby, Washoe County Sheriffs Office, and WCJ Transport.The Clerk of Court SHALL ISSUE summonses for Defendants Zerby, Ramirez, Washoe County Sheriffs Office, and WCJ Transport and deliver to the U.S. Marshal for service. Signed by Magistrate Judge Cam Ferenbach on 9/12/2018. (Copies have been distributed pursuant to the NEF - four USM 285 forms and this Order mailed to Plaintiff; Order, Complaint, and Summons hand delivered to USM - SLD)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

RICHARD EDWARDS,

Case No. 2:17-cv-02174-APG-VCF

10

Plaintiff,

ORDER

v.
11
12

WASHOE COUNTY SHERIFF’S
OFFICE, et al.,

13

Defendants.

14
15
16

I.

DISCUSSION

17

On August 6, 2018, the Court issued a screening order permitting the following

18

claims to proceed: the portions of Count I alleging Fourteenth Amendment due process

19

claims for failure to protect and deliberate indifference to serious medical needs against

20

Defendant Zerby; Count II, alleging a Fourteenth Amendment due process claim for

21

deliberate indifference to serious medical needs against Defendant Ramirez; and the

22

portion of Count III alleging a Fourteenth Amendment due process claim for failure to

23

protect against Defendants Zerby, Washoe County Sheriff’s Office, and WCJ Transport.

24

(ECF No. 11 at 14-16). The Court granted Plaintiff 30 days from the date of that order to

25

file an amended complaint curing the deficiencies of the following claims: the portions of

26

Count I alleging Fourteenth Amendment due process claims for failure to protect and

27

deliberate indifference to serious medical needs against Defendants Sergeant Terelak,

28

1

1
2
3

Sergeant J. Bailey, Sergeant Beard, Deputy Simmons, and Lieutenant Iacoboni ; and the
portion of Count III alleging a Fourteenth Amendment due process claim for failure to
protect against Defendant Terelak. (Id.)

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

The Court specifically stated that if Plaintiff chose not to file an amended complaint,
the action would proceed on the following claims: the portions of Count I alleging
Fourteenth Amendment due process claims for failure to protect and deliberate
indifference to serious medical needs against Defendant Zerby; Count II, alleging a
Fourteenth Amendment due process claim for deliberate indifference to serious medical
needs against Defendant Ramirez; and the portion of Count III alleging a Fourteenth
Amendment due process claim for failure to protect against Defendants Zerby, Washoe
County Sheriff’s Office, and WCJ Transport. (Id. at 14-16). Because Plaintiff has not filed
an amended complaint, pursuant to the screening order, this action shall proceed on
those claims.
II.

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

order (ECF No. 11), this action shall proceed on the following claims: the portions of Count
I alleging Fourteenth Amendment due process claims for failure to protect and deliberate
indifference to serious medical needs against Defendant Zerby; Count II, alleging a
Fourteenth Amendment due process claim for deliberate indifference to serious medical
needs against Defendant Ramirez; and the portion of Count III alleging a Fourteenth
Amendment due process claim for failure to protect against Defendants Zerby, Washoe
County Sheriff’s Office, and WCJ Transport.
IT IS FURTHER ORDERED that the Clerk of Court SHALL ISSUE summonses for
Defendants Zerby, Ramirez, Washoe County Sheriff’s Office, and WCJ Transport, AND
DELIVER THE SAME, to the U.S. Marshal for service. The Clerk SHALL SEND to Plaintiff
four (4) USM-285 forms. The Clerk also SHALL SEND a copy of the complaint (ECF No.

27
28

2

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

12) and a copy of this order to the U.S. Marshal for service on Defendant(s). Plaintiff shall
have thirty (30) days within which to furnish to the U.S. Marshal the required USM-285
forms with relevant information as to each Defendant on each form. Within twenty (20)
days after receiving from the U.S. Marshal a copy of the USM-285 forms showing whether
service has been accomplished, Plaintiff must file a notice with the Court identifying which
Defendant(s) were served and which were not served, if any. If Plaintiff wishes to have
service again attempted on an unserved Defendant(s), then a motion must be filed with
the Court identifying the unserved Defendant(s) and specifying a more detailed name
and/or address for said Defendant(s), or whether some other manner of service should
be attempted.
IT IS FURTHER ORDERED that henceforth, Plaintiff shall serve upon Defendants
or, if appearance has been entered by counsel, upon the attorney(s), a copy of every
pleading, motion or other document submitted for consideration by the Court. Plaintiff
shall include with the original paper submitted for filing a certificate stating the date that a
true and correct copy of the document was mailed to the Defendants or counsel for the
Defendants. The Court may disregard any paper received by a district judge or magistrate
judge which has not been filed with the clerk, and any paper received by a district judge,
magistrate judge or the clerk which fails to include a certificate of service.

19
20

DATED: This 12th

day of

September

, 2018.

21
22
23
24
25

_________________________________
United States Magistrate Judge

26
27
28

3