Elmore et al v. Holder et al
Filing
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ORDER denying Plaintiffs' 6 Motion to Extend Time. Signed by Magistrate Judge George Foley, Jr on 7/22/11. (Copies have been distributed pursuant to the NEF - ECS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DENNIS WAYNE ELMORE, et al.
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Plaintiffs,
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vs.
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ERIC HOLDER, et al.,
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Defendants.
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__________________________________________)
Case No. 2:11-cv-00282-JCM-GWF
ORDER
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This matter is before the Court on Plaintiffs’ Motion to Extend Time (#6), filed July 15,
2011.
Plaintiffs request an extension of time to complete service pursuant to Federal Rule of Civil
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Procedure 4(i)(4). Under the rule referenced by Plaintiffs, “[t]he court must allow a party a
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reasonable time to cure its failure to: (A) serve a person required to be served under Rule 4(i)(2), if
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the party has served either the United States attorney or the Attorney General of the United States;
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or (B) serve the United States under Rule 4(i)(3), if the party has served the United States officer or
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employee.” Fed. R. Civ. P. (4)(i)(4) (emphasis added). Plaintiffs have not served the United States
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attorney or the Attorney General of the United States under Rule 4(i)(2). Nor have Plaintiffs served
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the named United States officer or employee under Rule 4(i)(3). Thus, an extension of time under
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Rule 4(i)(4) is not appropriate. Accordingly,
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IT IS HEREBY ORDERED that Plaintiffs’ Motion to Extend Time (#6) is denied.
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DATED this 22nd day of July, 2011.
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_______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge
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