Barren v. Kohn et al

Filing 42

ORDER - Clerk shall e-serve AG this Order, a copy of ECF No. 30 Screening order, and ECF No. 29 Second amended complaint. (E-service 9/6/2016; ECF Nos. 29 , 30 via NEF Regeneration. ) AG shall by 9/27/2016 file notice re acceptance of service, and file under seal Ds' address(es) for which service not accepted. P must file a motion re unserved Ds. If service accepted by AG, than answer due 11/5/2016. Henceforth P shall serve Ds a copy of every pleading submitted for consideration, together with a certificate of service. Signed by Magistrate Judge George Foley, Jr on 9/6/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DONALD ROBIN BARREN,

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Plaintiff,

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vs.

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Case No. 2:13-cv-01492-RCJ-GWF

D. W. NEVEN, et al.,

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ORDER

Defendants.

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Plaintiff has submitted a second amended civil rights complaint pursuant to 42 U.S.C. §

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1983 (ECF No. 29). The report of the Office Attorney General states its desire to proceed with the

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action (ECF No. 41).

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IT IS THEREFORE ORDERED that:

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1.

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

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screening order (ECF No. 30) and a copy of plaintiff’s second amended complaint

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(ECF No. 29) on the Office of the Attorney General of the State of Nevada, attention

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Kat Howe.

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2.

Subject to the findings of the screening order (ECF No. 30), within twenty-one (21)

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days of the date of entry of this order, the Attorney General’s Office shall file a

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

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

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and (c) the names of the defendants for whom it is filing last-known-address

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information under seal. As to any of the named defendants for which the Attorney

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General’s Office cannot accept service, the Office shall file, under seal, but shall not

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serve the inmate plaintiff, the last known address(es) of those defendant(s) for whom

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it has such information.

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3.

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

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

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

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which the Attorney General has not provided last-known-address information,

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

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4.

If the Attorney General accepts service of process for any named defendant(s), such

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

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

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5.

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

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

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

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

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

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

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

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

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

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

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service.

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IT IS SO ORDERED.

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DATED: September 6, 2016

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_________________________________
GEORGE W. FOLEY, JR.
United States Magistrate Judge

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