Hunter v. Clark County Detention Center et al

Filing 15

ORDER Granting 14 Motion to Reattempt Service on Unserved Defendant. IT IS HEREBY ORDERED that a subpoena duces tecum be issued to the custodian of records at the Clark County Detention Center directing the custodian to determine the first and last name and last-known address of an officer McArthur who worked at the Clark County Detention Center in August, 2014. The U.S. Marshal is directed to serve this subpoena, together with a copy of this order. Signed by Magistrate Judge Cam Ferenbach on 12/30/15. (Copies have been distributed pursuant to the NEF - cc: USM - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CHRISTOPHER S. HUNTER,
Plaintiff,
vs.
CLARK COUNTY DETENTION CENTER, et
al.,

2:14-cv-01560-APG-VCF
ORDER

Defendants.

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Before the court is Plaintiff’s Motion to Reattempt Service on Unserved Defendant (#14). On

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September 9, 2015, the court ordered issuance of a summons for Defendant McArthur. Plaintiff completed

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the USM-285 form, describing the defendant as “sert officer McArthur.” (#13) The U.S. Marshal’s Office

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attempted service of a summons and complaint using this form and returned the form stating that the

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Marshal was not able to locate this defendant. The marshal reported that service was attempted, but

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“Metro needs more information to locate the officer.” Id.

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In this motion, the plaintiff states that sert officer McArthur was assigned to housing unit 7D on
August 26, 2014. (#14), p 4.

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Accordingly, Plaintiff’s Motion (#14) is GRANTED as follows:

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IT IS HEREBY ORDERED that a subpoena duces tecum be issued to the custodian of records at

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the Clark County Detention Center directing the custodian to determine the first and last name and last-

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known address of an officer McArthur who worked at the Clark County Detention Center in August, 2014.

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The U.S. Marshal is directed to serve this subpoena, together with a copy of this order.

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IT IS FURTHER ORDERED that the custodian of records file UNDER SEAL a response to this

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subpoena within twenty (20) days of receipt. The clerk is directed to then complete a USM-285 form

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including the information provided by the custodian regarding Defendant McArthur, and deliver that

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completed form, together with a Summons for Defendant McArthur, to the U.S. Marshal. Within thirty

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(30) days of receipt of the Summons and USM-285 form, the Marshall must serve the summons and a

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copy of the Amended Complaint (#7) on Defendant McArthur and file a REDACTED copy of the USM-

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285 form showing whether service has been accomplished. THE MARSHAL MUST REDACT FROM

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THIS FILED RETURN OF SERVICE ALL PERSONAL IDENTIFIERS CONTAINED IN THE USM-

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285.

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DATED this 30th day of December, 2015.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE