Lindsey v. State of Nevada et al

Filing 26

ORDER the Attorney Generals Office shall file a notice of the names of the defendants for whom it accepts service, for whom it does not accept service, and the names of the defendants for whom it is filing last-known-address information und er seal. If the Attorney General accepts service of process for any named defendant(s), an answer or other response is due within 60 days. Signed by Magistrate Judge Nancy J. Koppe on 12/2/2014. (Copies have been distributed pursuant to the NEF; CC: AG - SLR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 11 12 NICHOLAS LINDSEY, ) ) Plaintiff, ) ) v. ) ) STATE OF NEVADA et al., ) ) Defendants. ) ) ___________________________________ ) 2:14-cv-242-APG-NJK ORDER 13 This action is a counseled civil rights complaint filed pursuant to 42 U.S.C. § 1983 by 14 a state prisoner. Plaintiff has paid the full filing fee for this matter. (ECF No. 1). The Court 15 entered a screening order on the second amended complaint on June 24, 2014. (ECF No. 16 13). The screening order imposed a 90-day stay and the Court entered a subsequent order 17 in which the parties were assigned to mediation by a court-appointed mediator. (ECF No. 13, 18 16). The parties did not reach a settlement. (See ECF No. 25). 19 IT IS THEREFORE ORDERED that: 20 1. The Clerk of the Court shall electronically SERVE a copy of this order and a copy 21 of Plaintiff’s second amended complaint (ECF No. 10) on the Office of the Attorney General 22 of the State of Nevada, attention Kat Howe. 23 2. Subject to the findings of the screening order (ECF No. 13), within twenty-one 24 (21) days of the date of entry of this order, the Attorney General’s Office shall file a notice 25 advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts 26 service; (b) the names of the defendants for whom it does not accept service, and (c) the 27 names of the defendants for whom it is filing last-known-address information under seal. As 28 to any of the named defendants for which the Attorney General’s Office cannot accept service, 1 the Office shall file, under seal, the last known address(es) of those defendant(s) for whom 2 it has such information. 3 3. If service cannot be accepted for any of the named defendant(s), Plaintiff shall 4 file a 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 which the 6 Attorney General has not provided last-known-address information, Plaintiff shall provide the 7 full name and address for the defendant(s). 8 9 10 11 4. 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 second amended complaint within 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 document 13 submitted for consideration by the Court. Plaintiff shall include with the original paper 14 submitted for filing a certificate stating the date that a true and correct copy of the document 15 was mailed to the defendants or counsel for the defendants. If counsel has entered a notice 16 of appearance, Plaintiff shall direct service to the individual attorney named in the notice of 17 appearance, at the address stated therein. The Court may disregard any paper received by 18 a district judge or magistrate judge which has not been filed with the Clerk of the Court, and 19 any paper received by a district judge, magistrate judge, or the Clerk of the Court which fails 20 to include a certificate showing proper service. 21 22 DATED: This 2nd day of December, 2014. 23 24 25 _________________________________ NANCY J. KOPPE United States Magistrate Judge 26 27 28 2

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