Gray v. Skolnik et al

Filing 54

ORDER that the Clerk of Court shall forthwith cause notice to issue to the Attorney General for the State of Nevada and the Director of the Nevada Department of Corrections for the State of Nevada to enter a Special Appearance, not later than January 31, 2012, and to respond to Plaintiff Grays Motion 53 filed December 1, 2011. Signed by Judge Philip M. Pro on 12/27/11. (Copies have been distributed pursuant to the NEF - ECS)

1
2
3
4

UNITED STATES DISTRICT COURT
5

DISTRICT OF NEVADA
6

***
7

MALCOLM L. GRAY,
8

Plaintiff,

9
10

vs.

11

HOWARD SKOLNIK, et al.,

12

Defendants.
13

)
)
)
)
)
)
)
)
)
)
)
)

2:07-CV-01379-PMP-VCF

ORDER

On October 25, 2011, the Court entered an Order (Doc. #52) requiring that

14
15

Plaintiff Gray show cause in writing which of the Defendants in this action have in

16

fact been properly served with Plaintiff’s Complaint, alternatively to show cause

17

why Plaintiff’s Complaint should not be dismissed as to those Defendants who have

18

not been timely served.
On December 1, 2011, Plaintiff Gray filed a “Motion to Show Cause Why

19
20

Plaintiff’s Complaint Should Not Be Dismissed” (Doc. #53). In his “Motion”,

21

Plaintiff Gray argues that he did effect service on specified Defendants as reflected

22

in the Certificates of Service filed August 21, 2008 (Docs. ## 21-26, inclusive) and

23

that said Defendants should be deemed to have been effectively served. It is unclear

24

to the Court that appropriate service has been effected, but the Court also finds that

25

Plaintiff has raised a colorable issue as to whether they have.

26

///

1

IT IS THEREFORE ORDERED that the Clerk of Court shall forthwith

2

cause notice to issue to the Attorney General for the State of Nevada and the

3

Director of the Nevada Department of Corrections for the State of Nevada to enter a

4

Special Appearance, not later than January 31, 2012, and to respond to Plaintiff

5

Gray’s Motion (Doc. #53) filed December 1, 2011.

6
7

DATED: December 15, 2011.

8
9
10
11
12

PHILIP M. PRO
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26

2