Johnson v. Cox et al

Filing 41

ORDER Granting 24 MOTION to Identify James Baca & Bill Donat & Requesting Issuance of a Summons and Full Address of Defendants. The Clerk of the Court shall issue Summons to Defendants Baca and Donat under seal, and deliver the same to the U.S. Ma rshal for service. FURTHER ORDERED that Defendants Baca's and Donat's addresses shall remain sealed and shall not be provided to Plaintiff. Signed by Magistrate Judge Nancy J. Koppe on 12/11/15. (Copies have been distributed pursuant to the NEF: blank 285 forms to Plaintiff - MMM) Modified on 12/15/2015 to reflect ruling on motion - nef regenerated (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
(Docket No. 24)

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Pending before the Court is Plaintiff’s motion to identify James Baca and Bill Donat, requesting

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issuance of summons and the full address of these Defendants. Docket No. 24. The Attorney General’s

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Office did not accept service on behalf of James Baca and Bill Donat, and does not oppose the issuance

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of summonses for them. Docket No. 29. The Attorney General’s Office previously submitted their last

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known addresses under seal. Docket No. 22. Moreover, Plaintiff has now filed a second amended

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complaint that includes the names of James Baca and Bill Donat as Defendants. Docket No. 40.

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The Court hereby GRANTS the motion as follows:

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IT IS ORDERED that the U.S. Marshal shall serve Defendants Baca and Donat.

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IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff with

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a blank copy of the USM-285 form.
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IT IS FURTHER ORDERED that the Clerk of the Court shall issue Summons to

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Defendants Baca and Donat under seal, 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 with the

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required Form USM-285 (with Defendants Baca’s and Donat’s addresses omitted).

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Within twenty days after receiving from the U.S. Marshal a copy of the Form USM-285,

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showing whether service has been accomplished, Plaintiff must file a notice with the

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court identifying whether Defendants Baca and Donat were served. If Plaintiff wishes to

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have service again attempted on an unserved defendant, a motion must be filed with the

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court identifying the unserved defendant and specifying a detailed name and/or address

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for said 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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IT IS FURTHER ORDERED that Defendants Baca’s and Donat’s addresses shall
remain sealed and shall not be provided to Plaintiff.

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IT IS SO ORDERED.

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DATED: December 11, 2015

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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