Carrillo v. Gillespie et al

Filing 166

ORDER Granting 160 Plaintiff Gilberto Carrillo's Motion to Identify and Issue a Summons on Defendant Las Vegas Metropolitan Police Sergeant Scott Zavsza. IT IS FURTHER ORDERED that the Clerk of Court will make a summons of 155 Amended Comp laint, issue summons to Defendant Scott Zavasza (as addressed in this order), deliver same to the US Marshal for service, and send a blank copy of the USM-285 form to the plaintiff. Signed by Magistrate Judge Cam Ferenbach on 7/21/2014. (Copies have been distributed pursuant to the NEF - cc: USM and plaintiff - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
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GILBERTO CARRILLO,
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Plaintiff,
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Case No. 2:12–cv–2165–JAD–VCF

vs.
DOUGLAS GILLESPIE, et al.,

ORDER

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Defendants.
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Before the court is pro se Plaintiff Gilberto Carrillo’s motion to identify and issue a summons on

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Defendant Las Vegas Metropolitan Police Sergeant Scott Zavsza (#160). Defendant Gillespie filed a

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response (# 161). For the reasons stated below, Carrillo’s motion is granted.

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An incarcerated pro se litigant proceeding in forma pauperis must “be allowed the chance to
serve defendants personally through the Marshal’s Service.” Romandette v. Weetabix Co., Inc., 807 F.2d
309, 311 (2nd Cir. 1986); 28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve all

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process, and perform all duties in such cases.”). Carrillo moves the court to serve Zavsza at Defense
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Counsel’s address. In response, Defense Counsel states that Zavsza must be served “at the Las Vegas
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Metropolitan Police Department.” The court agrees.
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ACCORDINGLY, and for good cause shown,

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IT IS ORDERED that Carrillo’s motion (#160) is GRANTED.

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IT IS FURTHER ORDERED that the Clerk of the Court will make a copy of the amended

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complaint (#155), issue a summon to Defendant Scott Zavsza at Las Vegas Metropolitan Police

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Department, 400 S. Martin L. King Boulevard, Las Vegas, Nevada 89106, deliver the same to the U.S.
Marshal for service, and send a blank copy of the USM-285 form to the plaintiff.

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IT IS FURTHER ORDERED that the plaintiff will have twenty (20) days to furnish to the U.S.

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Marshal the required USM-285 forms. Within twenty (20) days after plaintiff receives copies of the

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completed USM-285 forms from the U.S. Marshal, plaintiff must file a notice with the court stating if

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defendant was served. If the plaintiff wishes to have the U.S. Marshal attempt service again on

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defendant, then a motion must be filed with the court.

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IT IS SO ORDERED.
DATED this 21st day of July, 2014.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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