Gaines v. Cox et al

Filing 14

ORDER that The clerk shall electronically serve a copy of this order and the courts original 10 screening order the office of the attorney general. The attorney generals office shall file a notice of the defendants for whom it accepts service and who it does not accept service within 21 days. Answer due within 60 days. Signed by Judge James C. Mahan on 8/29/2013. (Copies have been distributed pursuant to the NEF; CC: K. Howe - SLR)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8
9

RONALD KWAME GAINES,

10

Plaintiff,

11

vs.

12

TRINITY PHARRIS, et al.,

13

Case No. 2:13-cv-00174-JCM-NJK

Defendants.

ORDER

14
15

This is an action on a civil rights complaint pursuant to 42 U.S.C. § 1983, removed from

16

state court. The complaint was previously screened by the court (#10). The matter shall now

17

proceed.

18

IT IS THEREFORE ORDERED that:

19

1.

The clerk shall electronically serve a copy of this order and the court’s original

20

screening order (#10) on the office of the attorney general of the State of Nevada,

21

attention Kat Howe.

22

2.

Subject to the findings of the screening order (#10), within twenty-one (21) days of

23

the date of entry of this order, the attorney general’s office shall file a notice advising

24

the court and plaintiff of: (a) the names of the defendants for whom it accepts

25

service; (b) the names of the defendants for whom it does not accept service, and (c)

26

the names of the defendants for whom it is filing last-known-address information

27

under seal. As to any of the named defendants for which the attorney general’s office

28

1

cannot accept service, the office shall file, under seal, the last known address(es) of

2

those defendant(s) for whom it has such information.

3

3.

If service cannot be accepted for any of the named defendant(s), plaintiff shall file a

4

motion identifying the unserved defendant(s), requesting issuance of a summons, and

5

specifying a full name and address for the defendant(s). For the defendant(s) as to

6

which the attorney general has not provided last-known-address information, plaintiff

7

shall provide the full name and address for the defendant(s).

8

4.

9

defendant(s) shall file and serve an answer or other response to the complaint within

10
11

If the attorney general accepts service of process for any named defendant(s), such

sixty (60) days from the date of this order.
5.

Henceforth, plaintiff shall serve upon defendant(s) or, if an appearance has been

12

entered by counsel, upon their attorney(s), a copy of every pleading, motion or other

13

document submitted for consideration by the court. Plaintiff shall include with the

14

original paper submitted for filing a certificate stating the date that a true and correct

15

copy of the document was mailed to the defendants or counsel for the defendants. If

16

counsel has entered a notice of appearance, the plaintiff shall direct service to the

17

individual attorney named in the notice of appearance, at the address stated therein.

18

The court may disregard any paper received by a district judge or magistrate judge

19

which has not been filed with the clerk, and any paper received by a district judge,

20

magistrate judge, or the clerk which fails to include a certificate showing proper

21

service.

22

IT IS SO ORDERED.

23

DATED: August 29, 2013.

24
25

_________________________________
JAMES C. MAHAN
United States District Judge

26
27
28
-2-