NIBLACK v. GOULD et al

Filing 17

MEMORANDUM AND ORDER that this Court will conduct a screening of Plaintiff's Amended Complaint in due course. ORDERED that it is unnecessary for Defendants to file a Response to the Amended Complaint until screening is completed. Signed by Judge Robert B. Kugler on 1/23/2017. (TH, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
STANLEY L. NIBLACK,
:
:
Plaintiff,
:
Civ. No. 16-0494 (RBK) (JS)
:
v.
:
:
SCO WILLIAM GOULD, et al.,
:
MEMORANDUM AND ORDER
:
Defendants.
:
_________________________________________ :
Plaintiff, Stanley L. Niblack, is a state prisoner proceeding pro se with a civil rights
complaint. This matter was removed from state court. Thereafter, two of the defendants who had
been served filed a motion to dismiss the complaint. This Court granted the motion to dismiss in
part and also screened the entirety of the complaint pursuant to 28 U.S.C. § 1915A. Accordingly,
plaintiff’s federal claims were dismissed without prejudice and this Court declined to exercise
supplemental jurisdiction over plaintiff’s state law claims. Plaintiff was given thirty days in
which to file an amended complaint that corrected the deficiencies of the original complaint.
On January 17, 2016, this Court received an amended complaint from plaintiff and this
matter was reopened. Prior to having the two defendants who were served with the original
complaint file a response to the amended complaint, this Court will screen the amended
complaint pursuant to 28 U.S.C. § 1915A. If, after that screening is complete, at least a portion
of plaintiff’s claims are proceeded, the defendants will be ordered to file a response to the
amended complaint at that time.
Accordingly, IT IS this 23rd day of January, 2017,
ORDERED that this Court will conduct a screening of plaintiff’s amended complaint
pursuant to 28 U.S.C. § 1915A in due course; and it is further

ORDERED that it is unnecessary for defendants to file a response to the amended
complaint until such time as that § 1915A screening is completed by this Court; and it is further
ORDERED that the Clerk shall serve a copy of this Order on plaintiff by regular U.S.
mail.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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