Klein v. Kim et al
ORDER GRANTING 28 Motion to Dismiss; DENYING 32 Motion to Strike ; and DENYING 33 Motion for Entry of Clerks Default. The 44 Report and Recommendation is adopted. Roy Plumlee, Cheryl Burson and Lt. Burson terminated. Signed by Judge Lloyd D. George on 7/2/09. (Copies have been distributed pursuant to the NEF - ECS)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Previously, the Magistrate Judge denied (#44) plaintiff Paul Klein's Motion for Order for U.S. Marshals to Serve Defendants Cheryl Burson, Eric Burson and Roy Plumlee and his Motion to Extend 120-Day Service Requirement. The Magistrate Judge further recommended that the Court grant the Motion to Dismiss (#28) and to dismiss Cheryl Burson, Eric Burson and Roy Plumlee as they had not been timely served. Klein has filed an objection (#45) to the recommendation, and the served defendants have filed a response (#46). He also moved to strike the motion to dismiss (#32). Despite untimely serving Plumlee, and being denied an extension of time to serve him, Klein has also moved for entry of a clerk's default (#33) as to Plumlee. v. SEAN KIM, et al., Defendants. PAUL SCOTT KLEIN, Plaintiff, Case No. 2:08-cv-1475-LDG (LRL) ORDER
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
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The Magistrate Judge's recommendation to dismiss the three unserved defendants arises from the fact that Klein failed to timely serve them within 120 days, and that he lacked good cause for this failure. The court agrees. Accordingly, THE COURT ORDERS that the Motion to Dismiss (#28) is GRANTED; THE COURT FURTHER ORDERS that the Paul Klein's Motion to Strike (#32) the Motion to Dismiss is DENIED; THE COURT FURTHER ORDERS that Paul Klein's Motion for Entry of Clerk's Default (#33) as to Roy Plumlee is DENIED as moot. THE COURT FURTHER ORDERS that Paul Scott Klein's Complaint is DISMISSED as to defendants Cheryl Burson, Eric Burson, and Roy Plumlee.
DATED this ______ day of June, 2009. July,
Lloyd D. George United States District Judge
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