Gray v. Cox et al

Filing 14

ORDER that the Clerk of the Court shall electronically serve a copy of this Order and Plaintiff's 1 Complaint on the Office of the Attorney General of the State of Nevada, attention Kat Howe. Within 21 days of the date of entry of this orde r the Attorney General's Office shall file a notice advising the Court and Plaintiff re names of Defendants it does/does not accept service for. Signed by Magistrate Judge George Foley, Jr on 12/31/2015. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MALCOLM GRAY,

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Plaintiff,
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v.
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GREG COX et al.,
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Defendants.
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___________________________________ )

2:15-cv-00069-LDG-GWF
ORDER

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This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state

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prisoner. Plaintiff paid the full filing fee in this matter. (ECF No. 1). The Court entered a

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screening order on June 3, 2015. (ECF No. 2). The screening order imposed a 90-day stay

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and the Court entered a subsequent order in which the parties were assigned to mediation by

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a court-appointed mediator. (ECF No. 2, 6). The parties did not reach a settlement during

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mediation. (See ECF No. 8).

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served Defendants and set a deadline for an answer or response. (ECF No. 10). Defendants

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filed a motion for an extension of time to extend the stay for settlement purposes. (ECF No.

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9). The Court granted the motion to extend the stay until December 30, 2015. (ECF No. 11).

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On December 30, 2015, Defendants filed a status report indicating that the parties had not

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reached a settlement and intend to proceed with the action. (ECF No. 13 at 2). The Court

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now resets the deadlines described in its previous order (ECF No. 10) to the dates set in this

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order.

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...

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...

On November 25, 2015, the Court entered an order which

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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 complaint (ECF No. 1) on the Office of the Attorney General of the State of

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Nevada, attention Kat Howe.
2.

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Subject to the findings of the screening order (ECF No. 2), 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.
3.

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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).
4.

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If the Attorney General accepts service of process for any named defendant(s),

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such defendant(s) shall file and serve an answer or other response to the complaint within

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sixty (60) days from the date of this order.

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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 31st day of December, 2015.

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_________________________________
United States Magistrate Judge

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