Banks v. Naphcare

Filing 30

ORDER Granting Plaintiff's 29 Motion to Extend Time re 27 Order. Plaintiff shall have until 8/29/2014 to furnish the U.S. Marshall the required Form USM-285. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure Plaintiff must accomplish service within 120 days from 7/9/2014, the date the court entered the screening order. Signed by Magistrate Judge Peggy A. Leen on 7/25/2014. (Copies have been distributed pursuant to the NEF - two USM forms mailed to Plaintiff - SLD)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

GREGORY BANKS,

8

Plaintiff,

9
10

Case No. 2:13-cv-00324-RCJ-PAL

v.

ORDER
(Mtn to Extend Time – Dkt. #29)

NAPHCARE, et al.,

11

Defendants.

12
This matter is before the court on Plaintiff Gregory Banks’ Motion for Extension of Time

13
14

(Dkt. #29) filed July 22, 2014. The court has considered the Motion.

15

Plaintiff is a prisoner proceeding in this civil rights action pro se. In an Order (Dkt. #2)

16

entered March 2, 2013, the court granted Plaintiff’s Application to Proceed In Forma Pauperis

17

(Dkt. #1). The court dismissed the case for Plaintiff’s non-payment of an initial partial filing fee,

18

but on November 19, 2013, the court entered an Order (Dkt. #16) reinstating this case because

19

Plaintiff paid the filing fee. That Order also screened Plaintiff’s Complaint (Dkt. #17) pursuant

20

to 28 U.S.C. § 1915 and found Plaintiff had not stated a claim upon which relief could be

21

granted. The court dismissed the Complaint and allowed Plaintiff thirty days to file an amended

22

complaint. Plaintiff filed an Amended Complaint (Dkt. #18) on December 23, 2013.

23

The court screened the Amended Complaint in an Order (Dkt. #27) entered July 9, 2014.

24

The court found the Amended Complaint stated a claim for violation of Plaintiff’s rights under

25

the Eighth Amendment and directed the U.S. Marshal to serve the Amended Complaint. The

26

court directed Plaintiff to deliver the required Form USM-285 to the U.S. Marshal within twenty

27

days of the court’s Order. Plaintiff’s Motion requests an additional thirty days to provide those

28

///

1

forms to the U.S. Marshal because he is only allowed access to the law library once every two

2

weeks, and he has limited capability to do research on the computer.

3

Having reviewed and considered the matter, and good cause appearing,

4

IT IS ORDERED:

5

1. Plaintiff’s Motion to Extend Time (Dkt. #29) is GRANTED.

6

2. Plaintiff shall have until August 29, 2014, in which to furnish the U.S. Marshall the

7

required Form USM-285. Within twenty days of receiving from the U.S. Marshal a

8

copy of the Form USM-285 showing whether service was accomplished, Plaintiff

9

must file a notice with the court identifying which Defendants were served and which

10

were not, if any. If Plaintiff wishes to have service attempted again on an unserved

11

Defendant(s), then Plaintiff must file a motion identifying the unserved Defendant(s)

12

and specifying a more detailed name and/or address for the Defendant(s), or whether

13

some other manner of service should be attempted. Pursuant to Rule 4(m) of the

14

Federal Rules of Civil Procedure, Plaintiff must accomplish service within 120 days

15

from July 9, 2014, the date the court entered the screening order.

16

Dated this 25th day of July, 2014.

17
18
____________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

19
20
21
22
23
24
25
26
27
28

-2-