Davitt v. Doe

Filing 22

ORDER Granting Plaintiff's 21 Motion for Extension of Time to Effectuate Service on Defendant Dr. Zisner. Plaintiff has until 9/19/2015 to provide to the United States Marshals Service the required USM-285 form. Plaintiff's failure to file proof of service as to Defendant Dr. Zisner on or before 12/18/2015 will result in a recommendation that this case be dismissed without prejudice. Signed by Magistrate Judge Carl W. Hoffman on 8/20/2015. (Copies have been distributed pursuant to the NEF - copies of documents and USM 285 form mailed to Plaintiff - 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. ZISNER,
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Defendant.
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____________________________________)

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

Presently before the Court is Plaintiff Michael Thomas Davitt’s Motion for Extension of Time

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to Effectuate Service on Defendant Dr. Zisner (Doc. #21), filed on August 10, 2015. According to

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Plaintiff, the officers at the Clark County Detention Center have destroyed all of his documents related

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to this case that were in his cell. Plaintiff therefore argues he is unable to comply with the Court’s most

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recent order regarding service. Thus, Plaintiff requests additional time to serve Defendant Dr. Zisner.

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In the Court’s most recent Order (Doc. #19) dated July 17, 2015, the Court directed the Clerk of

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Court to issue a summons as to Defendant Dr. Zisner. The Clerk of Court issued the summons (Doc.

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#20) on July 17, 2015, and hand delivered the summons to the United States Marshals Service. The

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Court ordered Plaintiff, within twenty-one days from receiving from the United States Marshals Service

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a copy of the Form USM-285 as to Dr. Zisner, to file a notice with the Court stating whether Defendant

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Dr. Zisner was served. Based on Plaintiff’s motion, it is unclear whether Plaintiff received a copy of

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the Form USM-285 regarding Dr. Zisner from the United States Marshals Service. Regardless, based

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on the representations in Plaintiff’s motion, it appears that Plaintiff no longer has any documents related

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to this case and therefore cannot comply with the Court’s Order (Doc. #19).

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IT IS THEREFORE ORDERED that Plaintiff’s Motion for Extension of Time to Effectuate
Service on Defendant Dr. Zisner (Doc. #21) is GRANTED.
IT IS FURTHER ORDERED that along with a copy of this Order, the Clerk of Court shall send

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to Plaintiff copies of the Complaint (Doc. #4), the Court’s Screening Order (Doc. #5), the Court’s Order

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(Doc. #19) dated July 17, 2015, the Summons (Doc. #20), and a blank copy of the Form USM-285.

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IT IS FURTHER ORDERED that Plaintiff shall have until September 19, 2015, to provide to

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the United States Marshals Service the required USM-285 form with relevant information as to

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Defendant Dr. Zisner on the form.

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IT IS FURTHER ORDERED that within twenty days after receiving from the United States

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Marshals Service a copy of the Form USM-285 showing whether service has been accomplished,

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Plaintiff must file a notice with the Court stating whether Defendant Dr. Zisner was served.

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IT IS FURTHER ORDERED that Plaintiff’s failure to file proof of service as to Defendant Dr.

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Zisner on or before December 18, 2015, will result in a recommendation that this case be dismissed,

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without prejudice.

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DATED: August 20, 2015

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

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