McCarty v. Roos et al

Filing 164

ORDER Granting 140 Motion for Service. Signed by Magistrate Judge Nancy J. Koppe on 8/12/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ROBERT JOSEPH MCCARTY,
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Plaintiff(s),
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vs.
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JOHN V. ROOS, et al.,
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Defendant(s).
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Case No. 2:11-cv-01538-JCM-NJK
ORDER GRANTING MOTION FOR
SERVICE
(Docket No. 140)

Pending before the Court is Plaintiff’s motion requesting service of the second amended

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complaint. See Docket No. 140. United States District Judge Mahan already reviewed the second

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amended complaint, and held that it was “sufficient to proceed past this preliminary stage.” See

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Docket No. 132 at 2. The Court has also previously determined that Plaintiff shall be permitted to

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proceed in this action in forma pauperis. See Docket No. 31.

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As such, IT IS THEREFORE ORDERED that the Clerk of the Court shall issue summons to

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the named defendants herein, and deliver same to the United States Marshal for service. Plaintiff

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shall have twenty (20) days in which to furnish to the United States Marshal the required Forms

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USM-285. Within twenty (20) days after receiving from the U.S. Marshal a copy of the Form USM-

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285 showing whether service has been accomplished, Plaintiff must file a notice with the Court

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identifying which defendants were served and which were not served, if any. If Plaintiff wishes to

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have service again attempted on an unserved defendant(s), then a motion must be filed with the

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Court identifying the unserved defendant(s) and specifying a more detailed name and/or address for

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said defendant(s), or whether some other manner of service should be attempted. Pursuant to Rule

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4(m) of the Federal Rules of Civil Procedure, service must be accomplished within one hundred

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twenty (120) days from the date that the Complaint was filed naming the defendants.

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IT IS SO ORDERED.

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DATED: August 12, 2013

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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