Paul Patrick Jolivette, Jr., et al v People of the State of California, et al

Filing 9

ORDER Denying without prejudice 4 Motion for Writ of Execution. Plaintiff shall file proof of proper service. Signed by Judge Andrew P. Gordon on 1/30/2014. (Copies have been distributed pursuant to the NEF - SLR) Modified filing Judge on 1/30/2014. (MAJ)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 PAUL PATRICK JOLIVETTE, et al., 7 Petitioner/Claimant, 8 ORDER v. 9 Case No. 2:13-cv-02322 -APG-NJK PEOPLE OF THE STATE OF CALIFORNIA, et al., 10 Defendants. 11 12 Presently before the Court is an Affidavit and Request for Issuance of Writ of 13 Execution [Dkt. #4] filed by plaintiff. The Court has concerns about the validity of the 14 purported Foreign Judgment upon which Plaintiff seeks to execute. Moreover, it appears 15 that the Affidavit and Request have not been served upon defendants. Nor does it 16 appear that the purported Registration [Dkt. #1], or any other documents filed in this 17 matter, have been properly served upon the Defendants. 18 19 Accordingly, Plaintiff's Request for a Writ of Execution [Dkt. #4] is DENIED WITHOUT PREJUDICE. 20 IT IS FURTHER ORDERED that Plaintiff shall properly serve process upon all 21 defendants in this case as required under the Federal Rules of Civil Procedure, including 22 serving upon all defendants all documents filed in this case. Thereafter, Plaintiff shall file 23 proof of proper service. Failure to do so will result in dismissal of this case. 24 25 26 27 28 Dated: January 30, 2014. ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

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