Johnson v. State of Nevada et al

Filing 27

ORDER that the Clerk shall electronically serve this Order and Plaintiff's 19 Amended Complaint on the Office of the Attorney General of the State of Nevada. Within 21 days of the date of entry of this Order the Attorney General's Office shall file a notice advising the Court and Plaintiff re acceptance of service. Signed by Magistrate Judge Peggy A. Leen on 4/20/2015. (Copies have been distributed pursuant to the NEF - documents electroncially sent - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FRANCIS JOHNSON,

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Plaintiff,
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v.
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STATE OF NEVADA et al.,
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Defendants.
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___________________________________ )

2:14-cv-1425-GMN-PAL
ORDER

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This is an action on a civil rights complaint pursuant to 42 U.S.C. § 1983, removed from
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state court. The Court entered a screening order on December 19, 2014. (ECF No. 18). The
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screening order imposed a 90-day stay and the Court entered a subsequent order in which the
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parties were assigned to mediation by a court-appointed mediator. (ECF No. 18, 22). The
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Office of the Attorney General has filed a status report indicating that settlement has not been
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reached and informing the Court of its intent to proceed with this action. (ECF No. 26).
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IT IS THEREFORE ORDERED that:
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1.

The Clerk of the Court shall electronically SERVE a copy of this order and a copy

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of Plaintiff’s amended complaint (ECF No. 19) on the Office of the Attorney General of the
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State of Nevada, attention Kat Howe.
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2.

Subject to the findings of the screening order (ECF No. 18), within twenty-one

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(21) days of the date of entry of this order, the Attorney General’s Office shall file a notice
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advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts
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service; (b) the names of the defendants for whom it does not accept service, and (c) the
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names of the defendants for whom it is filing last-known-address information under seal. As
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to any of the named defendants for which the Attorney General’s Office cannot accept service,

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the Office shall file, under seal, but shall not serve the inmate Plaintiff the last known

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address(es) of those defendant(s) for whom it has such information.

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3.

If service cannot be accepted for any of the named defendant(s), Plaintiff shall

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file a motion identifying the unserved defendant(s), requesting issuance of a summons, and

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specifying a full name and address for the defendant(s). For the defendant(s) as to which the

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Attorney General has not provided last-known-address information, Plaintiff shall provide the

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full name and address for the defendant(s).

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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 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

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entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document

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submitted for consideration by the Court. Plaintiff shall include with the original paper

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submitted for filing a certificate stating the date that a true and correct copy of the document

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was mailed to the defendants or counsel for the defendants. If counsel has entered a notice

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of appearance, Plaintiff shall direct service to the individual attorney named in the notice of

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appearance, at the address stated therein. The Court may disregard any paper received by

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a district judge or magistrate judge which has not been filed with the Clerk of the Court, and

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any paper received by a district judge, magistrate judge, or the Clerk of the Court which fails

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to include a certificate showing proper service.

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DATED: This 20th day of April, 2015.

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_________________________________
United States Magistrate Judge

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