Johnson v. Cox et al

Filing 21

ORDER that 17 Motion to Amend/Correct Complaint is GRANTED. Pursuant to Local Rule 15-1(a), no later than August 10, 2015, Plaintiff shall file a second amended complaint correcting those two names but otherwise making no additional changes. Plai ntiff's request that the Attorney General's Office accept service is hereby DENIED. No later than July 27, 2015, the Attorney General's Office shall file, under seal and without serving Plaintiff, the last known addresses of Defendants Baca and Donat. Plaintiff shall then file a motion identifying these two unserved Defendants, requesting issuance of a summons, and specifying a full name and address for these Defendants. Signed by Magistrate Judge Nancy J. Koppe on 7/20/15. (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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RANDY JOHNSON,
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Plaintiff(s),
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vs.
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JAMES COX, et al.,
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Defendant(s).
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Case No. 2:14-cv-01326-JCM-NJK
ORDER GRANTING MOTION
FOR LEAVE TO CORRECT AND
DENYING MOTION FOR
ACCEPTANCE OF SERVICE
(Docket No. 17)

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Pending before the Court is Plaintiff’s motion to correct the amended complaint. Docket No.

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17. In particular, Plaintiff seeks to correct the complaint such that references to “Isidro Baca” are

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changed to “James Baca” and that references to “B. Donae” are changed to “Bill Donat.” See id. at 2.

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Defendants do not oppose that aspect of the pending motion. Docket No. 20 at 2. Accordingly, the

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motion to correct is hereby GRANTED. Pursuant to Local Rule 15-1(a), no later than August 10, 2015,

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Plaintiff shall file a second amended complaint correcting those two names but otherwise making no

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additional changes.

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Plaintiff also requests that the Attorney General’s Office accept service on behalf of Defendants

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Baca and Donat. See Docket No. 17 at 2. Defendants assert that it is not possible for them to accept

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service because neither Defendants Baca nor Donat are currently employed with the Nevada Department

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of Corrections. See Docket No. 20 at 2. Accordingly, Plaintiff’s request that the Attorney General’s

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Office accept service is hereby DENIED. No later than July 27, 2015, the Attorney General’s Office

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shall file, under seal and without serving Plaintiff, the last known addresses of Defendants Baca and

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Donat. Plaintiff shall then file a motion identifying these two unserved Defendants, requesting issuance

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of a summons, and specifying a full name and address for these Defendants.

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IT IS SO ORDERED.

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DATED: July 20, 2015

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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