Akers et al v. Keszei et al
Filing
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ORDER Granting 292 Motion for Status of Service, Granting 293 Motion to Extend Time to Complete Service, and Denying 294 Motion for Emergency Order for a Court Order Directing the Plaintiff's Custodian to Set UP a Legal Call Between Plaintiff and Counsel. Proof of service due by 8/5/2011. Copy of Docket Sheet mailed to plaintiff. Signed by Magistrate Judge George Foley, Jr on 6/24/11. (Copies have been distributed pursuant to the NEF - ASB)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MONTGOMERY CARL AKERS,
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Plaintiff,
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vs.
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JAMES KESZEI, et al.,
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Defendants. )
__________________________________________)
Case No. 2:07-cv-00572-JCM-GWF
ORDER
Motion for Status of Service (#292)
Motion to Extend Time (#293)
Motion for Emergency Order (#294)
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This matter is before the Court on Plaintiff’s Motion for Status of Service (#292), filed May 16,
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2011; Motion to Extend Time (#293), filed May 27, 2011; and Motion for Emergency Order to set up a
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Legal Call (#294), filed June 13, 2011.
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1. Plaintiff’s Motion for Status of Service
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By way of his Motion for Status of Service (#292), Plaintiff requests a status report regarding
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the Marshal’s service of the amended complaint upon Defendants James Keszei and Nicholas
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Voulgaris. On December 1, 2010, Plaintiff’s motion to amend his complaint was granted. (#272). On
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December 22, 2010, Plaintiff’s request for the United States Marshal’s office to serve the amended
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complaint was granted. (#277). Summons were issued as to Defendants Keszei and Voulgaris on
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December 23, 2010. (#278). On March 7, 2011, the Court entered an order granting Plaintiff’s motion
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for an extension of time (#284) and motion to supply copies of the amended complaint to the United
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States Marshal’s Service for service upon Defendants Keszei and Voulgaris (#285). See Order (#286).
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After review of the docket, it appears that a return of service has not been filed meaning that the
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amended complaint has not yet been served on Defendants Keszei and Voulgaris. Insofar as Plaintiff
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requests a status report, the Court will order that the Clerk of the Court provide a copy of the docket to
Plaintiff.
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2. Plaintiff’s Motion to Extend Time
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By way of his Motion to Extend Time (#293), Plaintiff requests an extension of time to serve
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Defendants Keszei and Voulgaris with the amended complaint. Pursuant to Fed. R. Civ. P. 6(b) and LR
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6, extensions of time may be granted for good cause shown. By court order, the U.S. Marhsal is to
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serve the amended complaint. Plaintiff has complied with filing all appropriate forms for the requested
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service and is now waiting for the Marshal’s office to complete that service. The Court finds Plaintiff
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has shown good cause for an extension and will extend the time to serve for an additional thirty (30)
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days.
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3. Plaintiff Motion for Emergency Order to set up a Legal Call
By way of his Motion for Emergency Order to set up a Legal Call (#294), Plaintiff requests that
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the Court enter an order compelling the Marion Penitentiary, the federal prison where Plaintiff is
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currently housed, to permit an unrecorded one-hour legal phone call between Plaintiff and a prospective
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attorney. Plaintiff sent several letters to the law firm of Patti, Sgro & Lewis in May 2011. See Ex. A
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attached to Pl.’s Mot. (#294). Mr. Erick M. Ferran, an attorney within the firm, responded to Plaintiff’s
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letters indicating his interest in taking the case. Id. Mr. Ferran indicated that his office would contact
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the prison facility to set up a legal phone call. Plaintiff followed up with his case manager and learned
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that Mr. Ferran’s office had called and was informed that a legal call would not be allowed because Mr.
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Ferran had not yet been retained and there were no pending court deadlines within two weeks.
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The decision not to permit the legal call was based upon prison personnel’s application and
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interpretation of prison regulations. Generally, when prison officials enforce prison regulations there is
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a presumption of validity. Finck v. Schriro, 2008 WL 2692562 *3 (D. Ariz 2008) (citing Shaw v.
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Murphy, 532 U.S. 223 (2001)). As indicated in Plaintiff’s motion, there are several methods available
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to maintain confidential contact with attorneys including special mail provisions, private visits, and the
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opportunity to place an occasional unmonitored phone call to his or her attorney. Plaintiff has not
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shown facts sufficient to convince this Court that it ought to interfere with prison administration and
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order an unmonitored legal phone call. Accordingly,
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IT IS HEREBY ORDERED that Plaintiff’s Motion for Status of Service (#292) is granted.
The Clerk of the Court shall prepare a copy of the docket sheet regarding case 2:07-cv-00572-JCM2
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GWF and send it to Plaintiff at the current address on file for Plaintiff.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Extend Time (#293) is granted and
Plaintiff shall have an additional thirty (30) days to complete service
IT IS FURTHER ORDERED that Plaintiff’s Motion for Emergency Order to set up a Legal
Call (#294) is denied.
DATED this 24th day of June, 2011.
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George Foley, Jr.
United States Magistrate Judge
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