Richard v. State of Nevada et al

Filing 18

ORDER that the Clerk shall serve a copy of this order and a copy of 11 Plaintiff's complaint on the Office of the Attorney General of the State of Nevada, attention Kat Howe. Attorney General's Office shall file a notice regarding servi ce within 21 days. If the Attorney General accepts service of process for any named defendant(s), such defendant(s) shall file and serve an answer or other response to the complaint within sixty (60) days from the date of this order. Signed by Magistrate Judge Carl W. Hoffman on 9/13/13. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 STEVEN D. RICHARD, 13 Plaintiff, 14 vs. 15 STATE OF NEVADA, et al., 16 Defendants. ) ) ) ) ) ) ) ) ) / 2:12-cv-01236-GMN-CWH ORDER 17 18 This is an action on a civil rights complaint pursuant to 42 U.S.C. § 1983, removed from 19 state court. The complaint was previously screened by the Court. (ECF No. 10). The screening 20 order imposed a 90-day stay and the Court entered a subsequent order in which the parties were 21 encouraged to engage in informal settlement discussions. (ECF Nos. 10 & 12). The Office of the 22 Attorney General has filed a status report indicating that settlement was not reached and informing 23 the Court of its intent to proceed with this action. (ECF No. 17). 24 IT IS THEREFORE ORDERED that: 25 1. 26 The Clerk shall electronically SERVE a copy of this order and a copy of plaintiff’s complaint (ECF No. 11) on the Office of the Attorney General of the State of Nevada, 1 2 attention Kat Howe. 2. Subject to the findings of the screening order (ECF No. 10), within twenty-one (21) 3 days of the date of entry of this order, the Attorney General’s Office shall file a notice 4 advising the Court and plaintiff of: (a) the names of the defendants for whom it 5 accepts service; (b) the names of the defendants for whom it does not accept service, 6 and (c) the names of the defendants for whom it is filing last-known-address 7 information under seal. As to any of the named defendants for which the Attorney 8 General’s Office cannot accept service, the Office shall file, under seal, the last 9 known address(es) of those defendant(s) for whom it has such information. 10 3. If service cannot be accepted for any of the named defendant(s), plaintiff shall file a 11 motion identifying the unserved defendant(s), requesting issuance of a summons, and 12 specifying a full name and address for the defendant(s). For the defendant(s) as to 13 which the Attorney General has not provided last-known-address information, 14 plaintiff shall provide the full name and address for the defendant(s). 15 4. If the Attorney General accepts service of process for any named defendant(s), such 16 defendant(s) shall file and serve an answer or other response to the complaint within 17 sixty (60) days from the date of this order. 18 5. Henceforth, plaintiff shall serve upon defendant(s) or, if an appearance has been 19 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other 20 document submitted for consideration by the Court. Plaintiff shall include with the 21 original paper submitted for filing a certificate stating the date that a true and correct 22 copy of the document was mailed to the defendants or counsel for the defendants. If 23 counsel has entered a notice of appearance, the plaintiff shall direct service to the 24 individual attorney named in the notice of appearance, at the address stated therein. 25 The Court may disregard any paper received by a district judge or magistrate judge 26 which has not been filed with the Clerk, and any paper received by a district judge, 2 1 magistrate judge, or the Clerk which fails to include a certificate showing proper 2 service. 3 Dated this 3rd day of September, 2013. 4 5 6 C.W. Hoffman, Jr. UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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