Estep v. Elko County Sheriff

Filing 8

ORDER - A decision on Plaintiff's application to proceed in forma pauperis (ECF No. 4 ) is deferred. The operative complaint is the First Amended Complaint (ECF No. 7 ) and Clerk shall send Plaintiff a courtesy copy of it (att ached hereto for distribution to Plaintiff by NNCC). Counts will proceed, or are dismissed, as specified herein. The claims against the Elko County Sheriff are dismissed with prejudice, as amendment would be futile. Plaintiff may not pursu e these claims. Plaintiff has leave to amend the FAC to add Sergeant Oldham as a defendant and amend Claim 2 to allege true facts sufficient to state a colorable Fourteenth Amendment claim against Sergeant Oldham for deliberate indifference to seriou s medical needs. If Plaintiff chooses to file a second amended complaint, Plaintiff shall file the second amended complaint within 30 days from the date of entry of this order (8/13/2021). Clerk is directed to send Plaintiff the approved § 1983 Complaint form and instructions for the same (Attached hereto for distribution to Plaintiff by NNCC). If Plaintiff does not file a timely second amended complaint, this action shall proceed immediately against Defendant Leahy on the Fourteenth Amendment excessive force claim only. Signed by Judge Gloria M. Navarro on 7/14/2021. (Attachments: # 1 First Amended Complaint, # 2 Complaint Form and Instructions)(Copies have been distributed pursuant to the NEF - SC)