Flowers v. Baca et al

Filing 24

ORDER that amended complaint is due by 2/8/2018; clerk directed to send Plaintiff the approved form for filing a § 1983 complaint, instructions and a copy of ECF No. 6 complaint (mailed to P on 1/12/2018); and the case is removed from the Pilot Pro Bono Program and will proceed on the normal litigation track. Signed by Judge Robert C. Jones on 1/11/2018. (Copies have been distributed pursuant to the NEF - LH)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7

)
)
)
Plaintiff,
)
)
v.
)
)
ISIDRO BACA et al.,
)
)
Defendants.
)
_______________________________________ )
JOHN FLOWERS,

8
9
10
11
12
13

3:14-cv-366-RCJ-WGC
ORDER

This is a prisoner civil rights complaint pursuant to 42 U.S.C. § 1983. In September 2014,

14

the Court dismissed the Complaint on screening. In the first claim, Plaintiff alleged he was

15

convicted in state court while being forced to take psychoactive drugs that rendered him

16

incompetent. The Court dismissed that claim, because it sounded in habeas corpus. In the second

17

claim, Plaintiff alleged that while in prison, Defendants failed to warn him of the risk of developing

18

Type II diabetes from one of those drugs. The Court dismissed that claim, because it was a

19

disagreement over medical treatment that was not cognizable under the Eighth Amendment. In the

20

third claim, Plaintiff alleged Defendants failed to inform him of a class action against the

21

manufacturer of the unsafe drug. The Court dismissed that claim, because Defendants had no duty to

22

monitor Plaintiff’s civil legal interests. Plaintiff appealed as to the second and third claims, and the

23

Court of Appeals ruled in November 2016 that the Plaintiff should be given leave to amend those

24

claims. Plaintiff has not yet done so, however. The Court hereby sets a deadline to file an amended

25

complaint.

26

///

27

///

28

///
///

1

CONCLUSION

2

IT IS HEREBY ORDERED that an amended complaint curing the deficiencies of the

3

Complaint is due within twenty-eight (28) days from the date of entry of this Order. Plaintiff is

4

advised that the amended complaint will supersede the original Complaint and therefore must be

5

complete in itself. Plaintiff has leave to amend only the second and third claims of the original

6

Complaint and may not add claims without further leave. If Plaintiff files an amended complaint, he

7

must use the approved form and write the words “First Amended” above the words “Civil Rights

8

Complaint” in the caption. If Plaintiff does not timely file an amended complaint, the Court will

9

dismiss for failure to prosecute without further notice.

10
11
12
13

IT IS FURTHER ORDERED that the Clerk shall send Plaintiff the approved form for filing a
§ 1983 complaint, instructions, and a copy of the original Complaint (ECF No. 6).
IT IS FURTHER ORDERED that the case is removed from the Pilot Pro Bono Program and
shall proceed on the normal litigation track.

14

IT IS SO ORDERED.

15

Dated this 11th day of January, 2018.

16
17
18

_________________________________
ROBERT C. JONES
United States District Judge

19
20
21
22
23
24
25
26
27
28
2