Toliver v. Las Vegas Metropolitan Police Department et al

Filing 54

ORDER re Plaintiff's Motion to Compel (ECF No. 49 , 52 ). ORDERED that Plaintiff is to serve his Motion to Compel upon LVMPD by mailing a true and correct copy of his Motion to Las Vegas Metropolitan Police Department at 400 S. Martin Luther King Blvd., Las Vegas, NV 89106. Subsequently, Plaintiff is to file a certificate of service with the Court stating the date that a true and correct copy of the document was mailed to LVMPD or their counsel. Signed by Magistrate Judge George Foley, Jr on 11/7/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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vs.
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LVMPD, et al.,
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Defendant.
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__________________________________________)
GEORGE A. TOLIVER,

Case No. 2:14-cv-00906-RFB-GWF
ORDER

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This matter is before the Court on Plaintiff’s Motion to Compel (ECF No. 49, 52), filed on

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September 9, 2016. The Court instructed Plaintiff to serve his Motion to Compel upon the Las

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Vegas Metropolitan Police Department (“LVMPD”), a non-party to this case, and to file a

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certificate of service with the Court. See ECF No. 50. On October 14, 2016, Plaintiff again filed

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his Motion to Compel (ECF No. 52). On October 24, 2016, Plaintiff filed a notice (ECF No. 53)

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containing a certificate of service that he mailed his Motion to Compel to the United States

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Marshals Office for service. Plaintiff also attached a letter from the United States Marshals Office

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informing Plaintiff that it could not complete service without an order from the Court.

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The Court instructs Plaintiff that if he intends to continue to proceed with this case, he must

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fully educate himself on the Federal Rules of Civil Procedure and the Local Rules of Practice for

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the District of Nevada. Although the Court is in no way identifying all of the rules and procedures

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that Plaintiff must follow, Rule 5 of the Federal Rules of Civil Procedure governs. In regard to

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service in general, Rule 5 states that “[a] paper is served under this rule by. . . mailing it to the

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person’s last known address - - in which event service is complete upon mailing.” Fed. R. Civ. P.

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5(a)(2). In regard to his motion to compel, Plaintiff need not request that the United States

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Marshals Office complete service by hand delivering his motion to LVMPD. Plaintiff may

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complete service of his motion to compel upon LVMPD by mailing a true and correct copy of his

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motion to LVMPD. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff is to serve his Motion to Compel upon LVMPD

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by mailing a true and correct copy of his Motion to Las Vegas Metropolitan Police Department at

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400 S. Martin Luther King Blvd., Las Vegas, NV 89106. Subsequently, Plaintiff is to file a

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certificate of service with the Court stating the date that a true and correct copy of the document

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was mailed to LVMPD or their counsel. The Court may disregard any paper received by a district

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judge, magistrate judge, or the Clerk of the Court which fails to include a certificate of service.

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DATED this 7th day of November, 2016.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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