Morgan v. City of Henderson Detention Center et al

Filing 37

ORDER Denying as Moot 34 Plaintiff's Motion for Service. Signed by Magistrate Judge Peggy A. Leen on 3/8/12. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TONY H. MORGAN,

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Plaintiffs,
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vs.
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CITY OF HENDERSON, et al.,
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Defendants. )
__________________________________________)

Case No. 2:09-cv-01392-GMN-PAL
ORDER
(Mtn re Service - Dkt. #34)

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This matter is before the court on Plaintiff Tony Morgan’s Motion/Notice of Service (Dkt. #34).

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Plaintiff requests an order recognizing that the U.S. Marshal’s Service served the Amended Complaint.

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Plaintiff states he received a return of service on December 16, 2012. The court’s docket reflects that

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on December 13, 2011, two USM Form 285 returns were filed, showing the U.S. Marshal’s Service

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served the Amended Complaint on Defendants City of Henderson Detention Center and R. Avrett.

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Defendants filed a Motion to Dismiss (Dkt. #32) on December 19, 2011. Thus, service has been

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effected, and Defendants filed a motion to dismiss as their responsive pleading. A court order is not

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required to establish that service is completed.

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IT IS ORDERED that Motion (Dkt. #34) is DENIED as moot.

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Dated this 8th day of March, 2012.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE