Arthur v. Williams et al

Filing 13

ORDER Directing Response. Plaintiff has until 6/20/2018 to advise the Court whether (by filing a Notice of Intent) he intends to proceed (1) on his original complaint and screening order (ECF Nos. 9, 10) OR (2) on his amended complaint. Signed by Judge Jennifer A. Dorsey on 5/21/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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George Arthur,

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Plaintiff

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Order Directing Response

v.

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Case No.: 2:18-cv-00754-JAD-GWF

Brian Williams, et al.,
Defendants

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On May 18, 2018, this Court entered a screening order on pro se plaintiff George

10 Arthur’s original complaint. 1 The screening order permitted Arthur’s failure-to-protect claim to
11 proceed against Defendants Williams, Faliszek, and Kuloloia. 2 It also stayed the case for 90
12 days and referred it to the Inmate Early Mediation Program. 3 That same day, Arthur filed a
13 motion for leave to file an amended complaint, attached his proposed amended complaint, and
14 filed a motion for leave to file a longer-than-normal amended complaint. 4
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It appears that the Court’s screening order and Arthur’s motions related to an amended

16 complaint crossed in the mail. So, I now direct Arthur to decide whether he wants to proceed on
17 his original complaint and the screening order issued on May 18, 2018, or on his amended
18 complaint. If Arthur choses to proceed on the original complaint and screening order, 5 the Court
19 will deny the two pending motions. If, however, Arthur chooses to proceed on his amended
20 complaint, Court will vacate the screening order, grant the motions, and screen the amended
21 complaint in a separate order in the future. Screening the amended complaint will take
22 several months.
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ECF Nos. 9, 10.

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ECF No. 9 at 7.

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Id. at 8.

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ECF Nos. 11, 11-2, 12.

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ECF Nos. 9, 10.
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Conclusion

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Accordingly, IT IS HEREBY ORDERED that Arthur has until June 20, 2018, to advise

3 the Court whether (by filing a Notice of Intent) he intends to proceed (1) on his original
4 complaint and screening order (ECF Nos. 9, 10) OR (2) on his amended complaint.
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IT IS FURTHER ORDERED that, if Arthur fails to file a timely notice in response to this

6 order, this action will proceed on the original complaint and screening order, and the two
7 motions relating to the amended complaint will be denied as moot.
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Dated: May 21, 2018
_______________________________
U.S. District Judge Jennifer A. Dorsey

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