Quiney v. Brooks

Filing 11

ORDER that the Clerk of Court shall issue Summons to the Defendant and deliver the same to the US Marshal for service. Plaintiff shall have 20 days to furnish the US Marshal with the required USM 285. Signed by Magistrate Judge Peggy A. Leen on 7/11/11. (Copies have been distributed pursuant to the NEF - ECS, USM 285 to plaintiff, Summons & Amended Complaint to USM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DWAYNE QUINEY,

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Plaintiff,
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vs.
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OFFICER RON BROOKS,
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Defendant.
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__________________________________________)

Case No. 2:10-cv-01676-KJD-PAL
ORDER
(Am Comp - Dkt #5)

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This matter is before the court on Plaintiff’s Amended Complaint (Dkt. #5). Previously, the

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court granted Plaintiff’s request to proceed in forma pauperis and screened Plaintiff’s Complaint

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pursuant to 28 U.S.C. § 1915. The court found Plaintiff’s Complaint stated a First Amendment claim,

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but Plaintiff had failed to state an official capacity claim against Defendant. The court allowed Plaintiff

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an opportunity to amend his complaint.

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Plaintiff filed an Amended Complaint in which he re-alleged his First Amendment claim. For

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the reasons set forth in the court’s Order (Dkt. #2), Plaintiff has stated a valid First Amendment claim

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against Defendant. Plaintiff has not re-alleged his official capacity claim against Defendant.

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Based on the foregoing,

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IT IS ORDERED that the Clerk of the Court shall issue Summons to Defendant, and deliver

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the same to the U.S. Marshal for service. Plaintiff shall have twenty days in which to furnish the U.S.

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Marshal with the required Form USM-285. Within twenty days after receiving from the U.S. Marshal a

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copy of the Form USM-285, showing whether service has been accomplished, Plaintiff must file a

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notice with the court identifying whether defendant was served. If Plaintiff wishes to have service

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again attempted on an unserved defendant, a motion must be filed with the court identifying the

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unserved defendant and specifying a more detailed name and/or address for said defendant, or whether

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some other manner of service should be attempted. Pursuant to Rule 4(m) of the Federal Rules of Civil

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Procedure, service must be accomplished within 120 days from the date this order is entered.

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Dated this 11th day of July, 2011.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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