King v. Calderwood et al

Filing 14

ORDER that the Clerk electronically serve a copy of this order and a copy of 7 Complaint on the Office of the Attorney General of the State of Nevada, attention Kat Howe. Within 21 days of the date of entry of this order, the Attorney General& #039;s Office shall file a notice re service. If the Attorney General accepts service of process for any named defendant(s), such defendant(s) shall file and serve an answer or other response to the complaint within sixty (60) days from the date of this order. Signed by Magistrate Judge Peggy A. Leen on 10/7/2014. (Copies have been distributed pursuant to the NEF - cc: Kat Howe - EDS)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 MATTHEW J. KING, 9 Plaintiff, Case No. 2:13-cv-02080-GMN-PAL 10 vs. ORDER 11 AMY CALDERWOOD, et al., 12 Defendants. 13 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. (ECF No. 6). The screening 17 order imposed a 90-day stay and the Court entered a subsequent order scheduling a mediation 18 conference. (ECF Nos. 6 & 9). The minutes from the mediation conference indicate that settlement 19 was not reached. (ECF No. 11). The Office of the Attorney General filed an amended status report 20 informing the Court of its intent to proceed with this action. (ECF No. 13). 21 IT IS THEREFORE ORDERED that: 22 1. The Clerk shall electronically SERVE a copy of this order and a copy of plaintiff’s 23 complaint (ECF No. 7) on the Office of the Attorney General of the State of Nevada, 24 attention Kat Howe. 25 2. Subject to the findings of the screening order (ECF No. 6), within twenty-one (21) 26 days of the date of entry of this order, the Attorney General’s Office shall file a 27 notice advising the Court and plaintiff of: (a) the names of the defendants for whom 28 it accepts service; (b) the names of the defendants for whom it does not accept 1 service, and (c) the names of the defendants for whom it is filing last-known-address 2 information under seal. As to any of the named defendants for which the Attorney 3 General’s Office cannot accept service, the Office shall file, under seal, the last 4 known address(es) of those defendant(s) for whom it has such information. 5 3. If service cannot be accepted for any of the named defendant(s), plaintiff shall file a 6 motion identifying the unserved defendant(s), requesting issuance of a summons, and 7 specifying a full name and address for the defendant(s). For the defendant(s) as to 8 which the Attorney General has not provided last-known-address information, 9 plaintiff shall provide the full name and address for the defendant(s). 10 4. If the Attorney General accepts service of process for any named defendant(s), such 11 defendant(s) shall file and serve an answer or other response to the complaint within 12 sixty (60) days from the date of this order. 13 5. Henceforth, plaintiff shall serve upon defendant(s) or, if an appearance has been 14 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other 15 document submitted for consideration by the Court. Plaintiff shall include with the 16 original paper submitted for filing a certificate stating the date that a true and correct 17 copy of the document was mailed to the defendants or counsel for the defendants. If 18 counsel has entered a notice of appearance, the plaintiff shall direct service to the 19 individual attorney named in the notice of appearance, at the address stated therein. 20 The Court may disregard any paper received by a district judge or magistrate judge 21 which has not been filed with the Clerk, and any paper received by a district judge, 22 magistrate judge, or the Clerk which fails to include a certificate showing proper 23 service. 24 Dated this 7th day of October, 2014. 25 26 27 UNITED STATES MAGISTRATE JUDGE 28 -2-

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