Entsminger v. Aranas et al.

Filing 15

IT IS ORDERED that the motion for extension of time (ECF No. 14 ) is granted in part. Second Amended complaint due by Friday, 10/20/2017. Clerk shall send P 1983 form, instructions, a copy of his motion and Declaration (ECF No. 14 ), and IFP form with instructions. (Forms, instructions, and ECF No. 14 attached hereto for distribution to P via NNCC law library) Plaintiff may initiate a new case by filing an IFP application and a complaint to the Clerk of the Court. If Plaintiff c hooses not to file a second amended complaint, the case will immediately proceed as specified herein. Signed by Magistrate Judge William G. Cobb on 9/18/2017. (Attachments: # 1 1983 form, # 2 1983 Instructions, # 3 IFP form, # 4 IFP Instructions, # 5 ECF. No. 14)(Copies have been distributed pursuant to the NEF - DRM)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

14

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

15

I.

9
10
11
12
13

GREGORY WEST ENTSMINGER,

3:16-cv-00555-MMD-WGC
ORDER

DISCUSSION

16

On August 23, 2017, this Court issued a screening order which granted Plaintiff leave

17

to amend some of his claims. (ECF No. 11 at 23). The Court stated that if Plaintiff chose not

18

to file a second amended complaint, the case would immediately proceed on Count I-denial

19

of access to the courts (Jane/John Does when Plaintiff learns their identities); Count II

20

(Dr. Vanhorn, Keast, Jacobs, Missy, Dr. Yup, McBroom, Moyle, Navarro, Walsh, Dr. Aranas,

21

and Austin); Count III (Dr. Johns, Nurse Kathy, Melissa Mitchell, Keast, Baca, and Aranas);

22

Count IV (Dr. Remsen, Ilene Sanborn, Keast, Lois Elliot, Dr. Vanhorn, Missy (dental assistant),

23

Perry, Linda Grankowski, Aranas, Jacobs, Dr. Yup, Dr. Peterson, Jennifer (dental assistant),

24

Summer (dental assistant), and Dr. Swope); Count V (Sandoval, Miller, Masto, Laxalt,

25

Cegavske, Clinger, Wilden, Aranas, Bannister, Jacobs, Keast, Nurse Sunshine, Reynolds,

26

Haycock, and Cox); Count VI-equal protection and sex offenders (Missy (dental assistant),

27

Ilene Sanborne, Nurse Sunshine, Jenifer (dental assistant), Perry, Keast, Jacobs, Dr. Yup,

28

Dave (clinic supervisor), Laura (dental assistant), and Alisha (dental assistant)); Count VII-due
process and gold fixtures (Dr. Remsen, Keast, Aranas, and Cox); Count VII-due process and

1

inmate account (Missy (dental assistant), Sanborne, Lara (dental assistant), Dave (clinic

2

supervisor), Melissa Mitchell, Candice (clinic supervisor), Jacobs, Keast, Nurse Sunshine,

3

Reynolds, Haycock, Cox, and Aranas); and Count VIII (Dr. Yup, Dr. Swope, Dr. Vanhorn,

4

Dr. Peterson, Dr. Remsen, Cox, Perry, Snider, Jacobs, Keast, Missy (dental assistant),

5

Sanborne, Lara (dental assistant), Dave (clinic supervisor), Melissa Mitchell, Candice (clinic

6

supervisor), Nurse Sunshine, Reynolds, Haycock, Sandoval, Miller, Masto, Aranas, and

7

Bannister). (Id. at 23-24).

8

On September 14, 2017, Plaintiff filed a motion to extend time to file a second amended

9

complaint. (ECF No. 14). Specifically, Plaintiff seeks a 30-day extension of time to file a

10

second amended complaint to add new allegations about events that took place in May 2017

11

and after. (Id. at 1-16). The Court grants the motion for extension of time in part. The Court

12

will grant Plaintiff an extension of time to file a second amended complaint to address any

13

deficiencies addressed by the screening order on the first amended complaint (ECF No. 11,

14

12). However, the Court directs Plaintiff to file a new case for the allegations and claims

15

involving the May 2017 events. Plaintiff may file a new case by submitting an application to

16

proceed in forma pauperis and a complaint to the Clerk of the Court.

17

The Court reiterates that, if Plaintiff chooses to file a second amended complaint, the

18

Court will screen the second amended complaint in a separate screening order. However,

19

the Court will not issue a screening order on the second amended complaint for several

20

months. If Plaintiff chooses not to file a second amended complaint, this case will proceed

21

immediately on the above-referenced claims.

22

II.

CONCLUSION

23

For the foregoing reasons, IT IS ORDERED that the motion for extension of time

24

(ECF No. 14) is granted in part. Plaintiff is granted an extension of time to file a second

25

amended complaint with respect to the claims addressed in his amended complaint and the

26

screening order. Plaintiff is denied an extension of time to file a second amended complaint

27

to add new allegations and claims for events that took place in May 2017 and after.

28

///
2

1

IT IS FURTHER ORDERED that, if Plaintiff chooses to file a second amended

2

complaint curing the deficiencies of his amended complaint, as outlined in the screening order,

3

Plaintiff must file the second amended complaint on or before Friday, October 20, 2017.

4

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

5

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

6

declaration (ECF No. 14), an approved form application to proceed in forma pauperis by a

7

prisoner, and the document entitled information and instructions for filing an in forma pauperis

8

application. Plaintiff may initiate a new case by filing an application to proceed in forma

9

pauperis and a complaint to the Clerk of the Court.

10

IT IS FURTHER ORDERED that, if Plaintiff chooses to file a second amended

11

complaint, the Court will screen the second amended complaint in a separate screening order.

12

The screening process will take several months.

13

IT IS FURTHER ORDERED that, if Plaintiff chooses not to file a second amended

14

complaint, the case will immediately proceed on Count I-denial of access to the courts

15

(Jane/John Does when Plaintiff learns their identities); Count II (Dr. Vanhorn, Keast, Jacobs,

16

Missy, Dr. Yup, McBroom, Moyle, Navarro, Walsh, Dr. Aranas, and Austin); Count III

17

(Dr. Johns, Nurse Kathy, Melissa Mitchell, Keast, Baca, and Aranas); Count IV (Dr. Remsen,

18

Ilene Sanborn, Keast, Lois Elliot, Dr. Vanhorn, Missy (dental assistant), Perry, Linda

19

Grankowski, Aranas, Jacobs, Dr. Yup, Dr. Peterson, Jennifer (dental assistant), Summer

20

(dental assistant), and Dr. Swope); Count V (Sandoval, Miller, Masto, Laxalt, Cegavske,

21

Clinger, Wilden, Aranas, Bannister, Jacobs, Keast, Nurse Sunshine, Reynolds, Haycock, and

22

Cox); Count VI-equal protection and sex offenders (Missy (dental assistant), Ilene Sanborne,

23

Nurse Sunshine, Jenifer (dental assistant), Perry, Keast, Jacobs, Dr. Yup, Dave (clinic

24

supervisor), Laura (dental assistant), and Alisha (dental assistant)); Count VII-due process and

25

gold fixtures (Dr. Remsen, Keast, Aranas, and Cox); Count VII-due process and inmate

26

account (Missy (dental assistant), Sanborne, Lara (dental assistant), Dave (clinic supervisor),

27

Melissa Mitchell, Candice (clinic supervisor), Jacobs, Keast, Nurse Sunshine, Reynolds,

28

Haycock, Cox, and Aranas); and Count VIII (Dr. Yup, Dr. Swope, Dr. Vanhorn, Dr. Peterson,
3

1

Dr. Remsen, Cox, Perry, Snider, Jacobs, Keast, Missy (dental assistant), Sanborne, Lara

2

(dental assistant), Dave (clinic supervisor), Melissa Mitchell, Candice (clinic supervisor), Nurse

3

Sunshine, Reynolds, Haycock, Sandoval, Miller, Masto, Aranas, and Bannister).

4

DATED: September 18, 2017.

5
6

_________________________________
United States Magistrate Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4