Webster v. Lombardo et al

Filing 5

ORDER - Pursuant to the Court's screening order (ECF No. 3 ), this action will proceed on Plaintiff's claims of objective deliberate indifference to adequate medical care as against Defendants Doe Medical Staff (once he learns of his o r her identity and successfully moves to amend his complaint to substitute in that true name) and Naphcare. The Clerk shall ISSUE summons for defendant Naphcare; and send the same to the USM for service. Clerk WILL SEND to Plaint iff one USM-285 form. ( USM-285 form attached hereto for distribution to P via NNCC law library.) Clerk will also send USM copy of Complaint (ECF No. 4 ), and this order, for defendant. (Docs emailed to USM 7/15/2021.) Plaintiff will have th irty days (8/14/2021) within which to furnish to USM the required USM-285 form with relevant information as to the Defendant. Henceforth, P shall serve Ds a copy of every pleading submitted for consideration, together with a certificate of service. Signed by Magistrate Judge William G. Cobb on 7/15/2021. (Attachments: # 1 USM-285 Form for Plaintiff)(Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DARNELL WEBSTER,

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Case No. 3:20-cv-0070-JAD-WGC
Plaintiff,

ORDER

v.
NAPHCARE, et al.,
Defendants.

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On June 4, 2021, the Court issued a screening order dismissing Plaintiff’s claims

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of objective deliberate indifference to adequate medical care as against Defendants Clark

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County and Joe Lombardo with leave to amend and permitting Plaintiff’s claims of

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deliberate indifference against Defendants Doe Medical Staff (once he learns of his or

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her identity and moves to amend his complaint to substitute in that true name) and

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Naphcare to proceed. (ECF No. 3 at 13). The Court granted Plaintiff 30 days from the

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date of that order to file an amended complaint curing the deficiencies of Plaintiff’s claims

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of objective deliberate indifference as against Defendants Clark County and Joe

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Lombardo. (Id.) The Court specifically stated that if Plaintiff chose not to file an amended

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complaint, the action would proceed on Plaintiff’s claims of objective deliberate

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indifference to adequate medical care as against Defendants Doe Medical Staff and

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Naphcare. (Id. at 13-14). Plaintiff has not filed an amended complaint. Pursuant to the

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screening order, this action will proceed on Plaintiff’s claims of objective deliberate

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indifference to adequate medical care as against Defendants Doe Medical Staff (once

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Plaintiff learns of his or her identity and successfully moves to amend his complaint to

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substitute in that true name) and Naphcare. Therefore,

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IT IS ORDERED that, pursuant to the Court’s screening order (ECF No. 3), this

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action will proceed on Plaintiff’s claims of objective deliberate indifference to adequate

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medical care as against Defendants Doe Medical Staff (once he learns of his or her

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identity and successfully moves to amend his complaint to substitute in that true name)

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and Naphcare.

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IT IS FURTHER ORDERED that the Clerk of Court WILL ISSUE summons for

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Defendant Naphcare, AND DELIVER THE SAME, to the U.S. Marshal for service. The

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Clerk WILL SEND to Plaintiff one USM-285 form. The Clerk also WILL SEND sufficient

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copies of the complaint (ECF No. 4) and this order to the U.S. Marshal for service on

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Defendant. Plaintiff will have thirty days within which to furnish to the U.S. Marshal the

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required USM-285 forms with relevant information as to the Defendant. Within twenty

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days after receiving from the U.S. Marshal a copy of the USM-285 forms showing whether

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service has been accomplished, Plaintiff must file a notice with the Court identifying

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whether or not Defendant was served. If Plaintiff wishes to have service again attempted

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on an unserved Defendant, then a motion must be filed with the Court identifying the

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unserved Defendant and specifying a more detailed name and address for said

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Defendant, or whether some other manner of service should be attempted.

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IT IS FURTHER ORDERED that henceforth, Plaintiff will serve upon Defendants

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or, if appearance has been entered by counsel, upon the attorney or attorneys, a copy of

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every pleading, motion or other document submitted for consideration by the Court.

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Plaintiff will include with the original paper submitted for filing a certificate stating the date

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that a true and correct copy of the document was mailed to the Defendant or counsel for

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the Defendant. The Court may disregard any paper received by a district judge or

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magistrate judge which has not been filed with the clerk, and any paper received by a

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district judge, magistrate judge or the clerk which fails to include a certificate of service.

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DATED: July 15, 2021.

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United States Magistrate Judge

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