Davitt v. Doe

Filing 19

ORDER Granting Plaintiff's 18 Motion regarding Service which the Court construes as a motion to amend the complaint and serve an unserved defendant. The Clerk of Court shall update the record to reflect the named Defendant as Dr. Zinser an d not Dr. Mitzer. The Clerk of Court shall issue summons to Dr. Zinser and deliver the summons, a copy of the 4 complaint, and a copy of this order to the USMS for service on Dr. Zinser. Within 21 days after receiving from the U.S. Marshal a cop y of the Form USM-285, showing whether service has been accomplished, plaintiff shall file a notice with the Court identifying whether defendant was served. Signed by Magistrate Judge Carl W. Hoffman on 7/17/2015. (Copies have been distributed pursuant to the NEF - hand delivered to USM with copy of Complaint - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHAEL THOMAS DAVITT,

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Plaintiff,
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vs.
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DR. MITZER,
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Defendant.
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____________________________________)

Case No. 2:14-cv-01504-GMN-CWH
ORDER

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This matter is before the court on Plaintiff Michael Thomas Davitt’s (“plaintiff”) Motion Regarding

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Service (doc. # 18), filed July 15, 2015, which this Court construes as a motion to amend the complaint and

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serve an unserved defendant.

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Plaintiff is proceeding in forma pauperis in this case. To date, the U.S. Marshals Service (“USMS”)

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has been unable to effectuate service of process based on information provided in the summons and

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plaintiff’s USM-285 forms. The Court previously granted plaintiff additional time to effectuate service

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and directed plaintiff to submit new USM-285 forms so service could be accomplished in this case. See

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Doc. # 15.

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Plaintiff now brings the instant motion asking the Court for assistance based on the USMS’s letter

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informing plaintiff that a new summons must be issued that contains the correct spelling of Defendant Dr.

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Zinser’s name. See Doc. # 18 at 5. This Court finds good cause to grant the instant motion.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s Motion Regarding Service (doc. # 18),

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which this Court construes as a motion to amend the complaint and serve an unserved defendant, is

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granted.

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IT IS FURTHER ORDERED that the Clerk of Court shall update the record to reflect the named
Defendant as “Dr. Zinser” and not “Dr. Mitzer.”

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IT IS FURTHER ORDERED that the Clerk of Court shall issue summons to Dr. Zinser and shall

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deliver the summons, a copy of the complaint (doc. # 4), and a copy of this order to the USMS for service

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on Dr. Zinser and file a return with the Court.

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IT IS FURTHER ORDERED that within twenty-one days after receiving from the U.S. Marshal

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a copy of the Form USM-285, showing whether service has been accomplished, plaintiff shall file a notice

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with the Court identifying whether defendant was served. If plaintiff wishes to have service again

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attempted on the unserved defendant, a motion must be filed with the Court identifying the unserved

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defendant and specifying a more detailed name and/or address for said defendant, or whether some other

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manner of service should be attempted.

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IT IS FURTHER ORDERED that from this point forward, plaintiff shall serve upon defendant,

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

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other document submitted for consideration by the Court. Plaintiff shall include with the original papers

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

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to the defendant or counsel for the defendant. The Court may disregard any paper received by a District

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Judge or Magistrate Judge which has not been filed with the Clerk, and any paper received by a District

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Judge, Magistrate Judge, or the Clerk which fails to include a certificate of service.

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Dated: July 17, 2015

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________________________________________
C.W.Hoffman, Jr.
United States Magistrate Judge

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