Carrillo v. Gillespie et al

Filing 170

ORDER Granting 164 Gilberto Carrillo's Motion to Serve Defendant Scott Zavaza. IT IS FURTHER ORDERED that the Clerk of Court will make a copy of 155 Amended Complaint, issue summons to Defendant Scott Zavaza, deliver to the US Marshal for service, and send blank copies of the USM-285 forms to the Plaintiff. Signed by Magistrate Judge Cam Ferenbach on 8/11/2014. (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

Defendants.

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Before the court is Gilberto Carrillo’s unopposed Motion to Serve Defendant Scott Zavaza
(#164). Carrillo’s motion is granted.

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An incarcerated pro se litigant proceeding in forma pauperis must “be allowed the chance to

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serve defendants personally through the Marshal’s Service.” Romandette v. Weetabix Co., Inc., 807 F.2d

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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.”). On June 19, 2014, the court granted the parties Motion
to Extend Time to serve Defendant Zavasa (#159). On July 17, 2014, Carrillo timely filed the instant

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Motion to Serve and provided the following address for Sargent Zavaza: Las Vegas Metropolitan Police
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Department, 330 S. Casino Center Blvd., Las Vegas, Nevada 89101.
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ACCORDINGLY, and for good cause shown,
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IT IS ORDERED that Gilberto Carrillo’s unopposed Motion to Serve Defendant Scott Zavaza
(#164) is GRANTED.

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IT IS FURTHER ORDERED that IT IS FURTHER ORDERED that the Clerk of Court will

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make a copy of the amended complaint (#155), issue a summons to Defendant Scott Zavaza, deliver the
same to the U.S. Marshal for service, and send blank copies of the USM-285 forms to the Plaintiff.

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

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which defendants were served and which were not served, if any. If the plaintiff wishes to have the U.S.

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Marshal attempt service again on any unserved defendants, then a motion must be filed with the court

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identifying the unserved defendants, specifying a more detailed name and address, and indicating

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whether some other manner of service should be used. Pursuant to the Federal Rules of Civil Procedure

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Rule 4(m), service must be accomplished within one hundred twenty (120) days from the date that the

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complaint was filed.

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IT IS FURTHER ORDERED that from this point forward, plaintiff will serve upon Defendants,
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or their attorney if they have retained one, a copy of every pleading, motion, or other document
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submitted for consideration by the court. Plaintiff shall include with the original paper submitted for
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filing a certificate stating the date that a true and correct copy of the document was mailed to the
defendants or their counsel. The court may disregard any paper received by a district judge, magistrate
judge, or the Clerk which fails to include a certificate of service.

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IT IS SO ORDERED.

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DATED this 11th day of August, 2014.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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