Mitchell v. Cox et al

Filing 51

ORDER Granting Plaintiff's 48 Motion to Set Forth Scheduling Order. The stay previously entered is LIFTED and within 21 days of entry of this Order the Attorney General's Office shall file a notice advising the Court and Plaintiff re for whom it accepts service and whom it does not. If service cannot be accepted for any of the named defendants, Plaintiff shall file a motion identifying the unserved defendants requesting issuance of a summons. Signed by Magistrate Judge Nancy J. Koppe on 6/10/2014. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 5 6 7 TARZ MITCHELL, Plaintiff, 8 9 2:12-cv-00499-MMD-NJK vs. 10 ORDER GREG COX, et al. 11 Defendants. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court having been advised that the case has not been resolved during the stay, this removed prisoner civil rights action shall proceed forward. IT THEREFORE IS ORDERED THAT: 1. Plaintiff’s motion (#48) to set forth a scheduling order is GRANTED to the extent consistent with the remaining provisions herein. 2. The stay previously entered herein is LIFTED and, within twenty-one (21) days of entry of this order, the Attorney General's Office shall file a notice advising the Court and plaintiff of: (a) the names of the defendant(s) for whom it accepts service; (b) the names of the defendant(s) for whom it does not accept service, and (c) the names of the defendant(s) for whom it is filing last-known-address information under seal. As to any of the named defendant(s) for whom the Attorney General's Office cannot accept service, the Office shall file, under seal, the last known address(es) of those defendant(s) for whom it has such information. 3. If service cannot be accepted for any of the named defendant(s), plaintiff shall file a motion identifying the unserved defendant(s), requesting issuance of a summons, and 1 specifying a full name for the defendant(s). For the defendant(s) as to which the Attorney 2 General has not provided last-known-address information, plaintiff shall provide the full name 3 and address for the defendant(s). 4 4. If the Attorney General accepts service of process for any named defendant(s), 5 such defendant(s) shall file and serve an answer or other response to the remaining claims 6 within sixty (60) days from the date of this order. 7 DATED: June 10, 2014 8 9 10 11 _________________________________ NANCY J. KOPPE United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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