Morton v. Williams et al

Filing 9

ORDER - Within 14 days of the date of this Order (12/9/2024), the Attorney General's Office shall advise the court whether it will enter a limited notice of appearance on behalf of Defendants for the purpose of responding to Plaintiff& #039;s motion for TRO/PI. If the Attorney General's Office is willing to enter a limited notice of appearance, then also within 14 days of the date of this Order, the Attorney General's Office shall file a response to Plaintiff's motion for TRO/PI. The Attorney General's Office shall file under seal any relevant medical records. Plaintiff will have seven days from the date he receives the response to file a reply brief.The Clerk of Court shall electronically serve a copy of this Order, a copy of Plaintiff's complaint (ECF No. 8 ), a copy of the order screening the complaint (ECF No. 7 ), as well as a copy of Plaintiff's motion for TRO/PI (ECF Nos. 5 , 6 ) on the Nevada Attorney Generals Of fice by adding the Nevada Attorney General's Office to the docket sheet. (E-service of [ 5], 6 , 7 , 8 to AG via NEF regeneration on 11/25/2024.) Plaintiff is advised that there is still a stay entered in this case while the parties parti cipate in the court's early mediation program. As such, Plaintiff shall not file any other documents with the court while the stay is in place except for his reply brief as directed in this Order. Signed by Magistrate Judge Craig S. Denney on 11/25/2024. (For Distribution by law library.)(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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DAVID MORTON,

Case No.: 3:24-cv-00402-MMD-CSD

Plaintiff
v.

Order
Re: ECF Nos. 5, 6

KENNETH WILLIAMS, et al.,
Defendants
Plaintiff, who is a prisoner in custody of the Nevada Department of Corrections, has filed

10 an application to proceed in forma pauperis (IFP) and civil rights complaint pursuant to
11 42 U.S.C. § 1983.
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District Judge Du screened Plaintiff’s complaint and allowed him to proceed with: (1) an

13 Eighth Amendment deliberate indifference to serious medical needs claim against Brian
14 Williams, Wickham, S. Austin, Dr. Marks, Mrs. Pritchard, Dr. Benson, Dr. Vosse, Gallardo,
15 Kenneth Williams, and James Dzurenda, as well as Hendley, Clarke, J. Hartman and Megan
16 Sullivan (the latter four defendants in their official capacities only for injunctive relief only); and
17 (2) a First Amendment retaliation claim against Pritchard. (ECF No. 7.) The Eighth Amendment
18 claim is based on Defendants failure to act to ensure Plaintiff’s foot condition was diagnosed and
19 treated, alleged disregard of his specialist’s treatment plan, failure to act to prevent further harm
20 despite being informed during the grievance process that his condition persisted, and recklessly
21 discontinuing medication for his chronic pain. (ECF No. 7.)
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Plaintiff has filed a motion for temporary restraining order (TRO) and preliminary

23 injunction (PI). (ECF Nos. 5, 6.)

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Within 14 days of the date of this Order, the Attorney General's Office shall advise the

2 court whether it will enter a limited notice of appearance on behalf of Defendants for the purpose
3 of responding to Plaintiff’s motion for TRO/PI. If the Attorney General’s Office is willing to
4 enter a limited notice of appearance, then also within 14 days of the date of this Order, the
5 Attorney General's Office shall file a response to Plaintiff's motion for TRO/PI. The Attorney
6 General’s Office shall file under seal any relevant medical records. Plaintiff may kite the
7 warden’s office to review any records filed under seal, and the Attorney General’s Office shall
8 ensure that Plaintiff is given a reasonable amount of time to review these records. Plaintiff will
9 have seven days from the date he receives the response to file a reply brief. The court will then
10 determine whether to hold a hearing.
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The Clerk of Court shall electronically serve a copy of this Order, a copy of Plaintiff’s

12 complaint (ECF No. 8), a copy of the order screening the complaint (ECF No. 7), as well as a
13 copy of Plaintiff’s motion for TRO/PI (ECF Nos. 5, 6) on the Nevada Attorney General’s Office
14 by adding the Nevada Attorney General’s Office to the docket sheet. This will not constitute a
15 general appearance.
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Plaintiff is advised that there is still a stay entered in this case while the parties participate

17 in the court’s early mediation program. As such, Plaintiff shall not file any other documents with
18 the court while the stay is in place except for his reply brief as directed in this Order.
19 IT IS SO ORDERED.
20 Dated: November 25, 2024
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Craig S. Denney
United States Magistrate Judge

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