Turner v. Nozero et al

Filing 14

ORDERED that the Clerk shall provide plaintiff with another form USM-285. Plaintiff shall have 20 days in which to furnish the US Marshal with the required form USM-285. See Order for details. Signed by Magistrate Judge Peggy A. Leen on 9/15/11. (Copies have been distributed pursuant to the NEF; blank USM285 to Plaintiff - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANNETTE L. TURNER,

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Plaintiff,
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vs.
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ELIZABETH NOZERO, et al.,
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Defendants. )
__________________________________________)

Case No. 2:11-cv-00190-JCM-PAL
ORDER

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This matter is before the court on Plaintiff’s Response (Dkt. #13) to the court’s Order to Show

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Cause (Dkt. #12) filed on May 23, 2011. Previously, on April 19, 2011. the court entered an Order

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(Dkt. #11) requiring Plaintiff to comply with Local Rule 7.1-1 and file a Certificate of Interested Parties

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on or before May 3, 2011. Plaintiff did not comply, and on May 13, 2011, it entered an Order to Show

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Cause (Dkt. #12), directing Plaintiff to show cause in writing why she had not complied with the

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court’s Order (Dkt.#11). Plaintiff’s Response (Dkt. #13) represents that no one else has an interest in

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this case. The court is satisfied that Plaintiff did not intentionally disregard the court’s Orders (Dkt.

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##11, 12) or the requirements of LR 7.1-1, and sanctions are not warranted.

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Plaintiff’s filing also indicates that she is frustrated because this case is not progressing, and she

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does not know what steps she must take to prosecute this action. Although the court cannot give

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Plaintiff legal advice, a review of the docket reflects that summons has not been returned executed as to

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Defendant Power Services. In an order entered April 4, 2011 (Dkt#8) the court screened the Plaintiff’s

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complaint, found that Plaintiff had stated a claim against Defendant Power Services, directed that the

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Clerk of Court file it and issue summons to Defendant Power Services and to deliver it to the U. S.

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Marshals Service (USMS) for service. The order also directed Plaintiff to to fill out the required Form

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USM-285 within 20 days of receiving the form and deliver it to the USMS . The order advised Plaintiff

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that service on Defendant Power Service must be accomplished within 120 days of the order as required

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by Rule 4(m) of the Federal Rules of Civil Procedure. The order also found that Plaintiff had not stated

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claims against the remaining Defendants and dismissed those Defendants, Plaintiff’s Title VII claim for

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discrimination, and claim under 42 U.S.C. Section 1983 for the reasons stated, but gave Plaintiff until

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April 28, 2011 to file an Amended Complaint if she believed she could correct the deficiencies the

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court pointed out in the screening order. Plaintiff did not file an Amended Complaint. Therefore, the

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only Defendant who remains is this action is Defendant Power Services.

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The Clerk of Court filed the complaint, issued summons to Defendant Power Services on April

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7, 2011, and the summons was delivered to the United States Marshals Service (“USMS”) on April 8,

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2011 as the court ordered. In order to serve Defendant Power Services, Plaintiff should have filled out

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Form USM-285 and returned it to the Marshals Service as she was directed to do in the screening order

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(Dkt. #8). Afterward, she should have filed a notice with the court indicating whether Defendant Power

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Company was served. If Power Services was not served she should have filed a motion identifying the

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unserved Defendant and specifying a more detailed name and/or address for the unserved Defendant, or

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whether some other manner of service should be attempted as the screening order directed. It does not

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appear Plaintiff complied with these provisions of the order, and it does not appear that Defendant

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Power Company was served. A Defendant is not required to appear in court or respond to a complaint

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unless and until it is served. If Plaintiff does not follow the court’s detailed directions to accomplish

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service through the USMS this case will be dismissed for failure to timely serve and failure to

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prosecute.

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The court appreciates that it is difficult for an individual to pursue a federal lawsuit without

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counsel. However, if Plaintiff wishes to proceed with this case she is responsible for familiarizing

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herself with the Federal Rules of Civil Procedure, The Local Rules of Practice and the substantive law

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that applies to her case. Neither the court, nor the Clerk of Court may give her legal advice. The court

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will direct that the Clerk provide Plaintiff with another Form USM-285 so that she may fill it out and

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deliver it to the USMS to have Power Services served. Plaintiff should carefully read this order and the

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prior screening order (Dkt. #8) and follow the court’s directions.

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Accordingly,

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IT IS ORDERED:

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1.

The Clerk of Court shall provide Plaintiff with another Form USM-285.

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2.

Plaintiff shall have twenty days in which to furnish the U.S. Marshal with the required

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Form USM-285.

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3.

Within twenty days after receiving from the U.S. Marshal a copy of the Form USM-285,

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showing whether service has been accomplished, Plaintiff must file a notice with the court identifying

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whether Defendant Power Company was served.

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4.

If the USMS is unable to serve Power Services because Plaintiff has not provided the

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required information, or for any other reason, and Plaintiff wishes to have service again

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attempted on Power Services, a motion must be filed with the court identifying the

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unserved defendant (Power Services) and specifying a more detailed name and/or

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address for it, or whether some other manner of service should be attempted.

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6.

Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, service must be

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accomplished within 120 days from the date the original screening order was entered. For good cause

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shown, upon Plaintiff’s motion, the court may extend the time to have Power Services served.

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7.

Failure to timely comply with this Order will result in a recommendation to the District

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Judge that this case be dismissed.

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Dated this 15th day of September, 2011.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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