Jones v. Neven et al

Filing 195

ORDER Denying 186 Motion for Order Requiring the Clerk to Cease Artificially Inflating Response Time. Signed by Magistrate Judge George Foley, Jr. on 7/18/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHRISTOPHER A. JONES,

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Plaintiff,
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vs.
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DWIGHT NEVEN, et al.,
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Defendants. )
__________________________________________)

Case No. 2:07-cv-01088-JCM-GWF
ORDER

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This matter is before the Court on Plaintiff’s Emergency Motion for Order (#186), filed
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July 13, 2011.
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Plaintiff argues that the Clerk of Court is “artificially inflating” response times to his
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various motions by adding three (3) days for service. Pursuant to Federal Rule of Civil
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Procedure 5(a), unless otherwise provided within the rules, written motions, except those that can
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be heard ex parte, must be served on every party. Fed. R. Civ. P. 5(a)(1)(D). Rule 5(b) identifies
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several ways in which service under Rule 5(a) may be had, including, among others, mailing it
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to the last known address or by filing it electronically. Fed. R. Civ. P. 5(b)(2). Rule 6(d)
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provides that “[w]hen a party may or must act within a specified time after service and service is
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made under Rule 5(b)(2)(C), (D), (E), or (F), 3 days are added after the period would otherwise
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expire under Rule 6(a).” The Clerk of Court’s ministerial actions in this case are consistent with
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the aforementioned rules. Accordingly,
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IT IS HEREBY ORDERED that Plaintiff’s Emergency Motion for Order (#186) is
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denied.
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DATED this 18th day of July, 2011.
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GEORGE FOLEY, JR.
United States Magistrate Judge