Elmore et al v. Holder et al

Filing 7

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 DENNIS WAYNE ELMORE, et al. ) ) Plaintiffs, ) ) vs. ) ) ERIC HOLDER, et al., ) ) Defendants. ) __________________________________________) Case No. 2:11-cv-00282-JCM-GWF ORDER 12 13 14 15 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 16 Procedure 4(i)(4). Under the rule referenced by Plaintiffs, “[t]he court must allow a party a 17 reasonable time to cure its failure to: (A) serve a person required to be served under Rule 4(i)(2), if 18 the party has served either the United States attorney or the Attorney General of the United States; 19 or (B) serve the United States under Rule 4(i)(3), if the party has served the United States officer or 20 employee.” Fed. R. Civ. P. (4)(i)(4) (emphasis added). Plaintiffs have not served the United States 21 attorney or the Attorney General of the United States under Rule 4(i)(2). Nor have Plaintiffs served 22 the named United States officer or employee under Rule 4(i)(3). Thus, an extension of time under 23 Rule 4(i)(4) is not appropriate. Accordingly, 24 IT IS HEREBY ORDERED that Plaintiffs’ Motion to Extend Time (#6) is denied. 25 DATED this 22nd day of July, 2011. 26 27 28 _______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge

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