Howard v. NAPH Care et al
Abdul Howard |
Clark County Det Center, Robert Freeman, Law Firm of Lewis Brisbois Bisgaard and Smith LLP and NAPH Care |
2:2017cv02345 |
September 6, 2017 |
US District Court for the District of Nevada |
Las Vegas Office |
Jennifer A. Dorsey |
Nancy J. Koppe |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
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Filing 5 ORDER granting 1 Motion/Application for Leave to Proceed in forma pauperis. FURTHER ORDERED under 28 U.S.C. § 1915, as amended by the PLRA, that the Nevada Department of Corrections must pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding month's deposits to the account of Abdul Howard, #1896061 (in months that the account exceeds $10.00) until the full $350 filing fee has been paid for this action. The Clerk of Court is dir ected to SEND a copy of this order to the attention of Chief of Inmate Services for the Nevada Department of Prisons. FURTHER ORDERED that the operative complaint is the first-amended complaint [ECF No. 4 ], and the Clerk of Court is directed to sen d Howard a courtesy copy of it.FURTHER ORDERED that the portions of Howard's claims alleging violations of his constitutional rights are DISMISSED without prejudice but also without leave to amend because it appears at this time that amendmen t would be futile; the portions of Howard's claims alleging HIPAA violations are DISMISSED with prejudice because amendment would be futile; and the portions of Howard's claims alleging state-law violations are DISMISSED without prejudice t o his ability to file those claims in state court. The dismissal of these claims leaves no claim pending against any defendant, so the Clerk of the Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE. I certify that any in for ma pauperis appeal from this order would not be taken "in good faith" as contemplated by 28 U.S.C. § 1915(a)(3). Signed by Judge Jennifer A. Dorsey on 11/16/2018. (Copies have been distributed pursuant to the NEF - MMM) |
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