Williams v. Clark et al

Filing 10

ORDER that the Clerk of the Court shall file the Complaint and issue Summons to Defendants listed in this Order. Plaintiff shall have 20 days in which to furnish the U.S. Marshal with the required Form USM-285. Signed by Magistrate Judge Peggy A. Leen on 1/2/2015. (Copies have been distributed pursuant to the NEF - 285 forms mailed to Plaintiff; Order hand delivered to USM - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JAMES WILLIAMS,

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Plaintiff,

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Case No. 2:14-cv-00414-APG-PAL
ORDER

v.
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,
Defendants.

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This matter is before the court on Plaintiff James Williams’ failure to file an amended

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complaint. Plaintiff is a prisoner proceeding in this action pro se. In an Order (Dkt. #5) entered

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June 26, 2014, the court granted Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (Dkt.

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#1) and ordered Plaintiff to pay an initial partial filing fee pursuant to 28 U.S.C. § 1915(b)(1).

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On November 17, 2014, the court granted Plaintiff’s Motion to Waive Initial Filing Fee (Dkt. #6)

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and screened Plaintiff’s complaint pursuant to 28 U.S.C.§ 1915. See Order (Dkt. #9).

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The court found the Complaint stated a claim under the Fourth Amendment for an

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unreasonable seizure of Plaintiff’s personal property against Defendants Firestine, LaVessieur,

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Fincher, LeHeay, Kompman, Johnson, Jane Doe, and John Does ##1, 2, 6, and 7, and Sergeant

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John Doe. The court dismissed Plaintiff’s remaining claims with leave to amend and directed

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Plaintiff to file an amended complaint no later than December 17, 2014. The court advised

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Plaintiff that if he did not file an amended complaint by the deadline, the court would direct

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service of process as appropriate on the unreasonable seizure claim. Plaintiff has not filed an

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amended complaint or requested an extension of time in which to do so.

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Having reviewed and considered the matter,
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IT IS ORDERED:

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1.

The Clerk of the Court shall file the Complaint and issue Summons to

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Defendants, as set forth above, and deliver the same to the U.S. Marshal for

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service. Plaintiff shall have twenty days in which to furnish the U.S. Marshal

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with the required Form USM-285. Within twenty days after receiving from the

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U.S. Marshal a copy of the Form USM-285, showing whether service has been

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accomplished, Plaintiff must file a notice with the court identifying whether

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defendant was served. If Plaintiff wishes to have service again attempted on an

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unserved defendant, a motion must be filed with the court identifying the

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unserved defendant and specifying a more detailed name and/or address for said

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defendant, or whether some other manner of service should be attempted.

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Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, service must be

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accomplished within 120 days from the date this order is entered.

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2.

From this point forward, Plaintiff shall serve upon Defendants, or, if appearance

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has been entered by counsel, upon the attorney(s), a copy of every pleading

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motion or other document submitted for consideration by the court. Plaintiff shall

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include with the original papers submitted for filing a certificate stating the date

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that a true and correct copy of the document was mailed to the defendants or

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counsel for the Defendants. The court may disregard any paper received by a

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District Judge or Magistrate Judge which has not been filed with the Clerk, and

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any paper received by a District Judge, Magistrate Judge, or the Clerk which fails

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to include a certificate of service

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Dated this 2nd day of January, 2015.

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____________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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