Helfrich v. Marshall et al

Filing 45

ORDER Denying 43 Motion to Compel. Signed by Magistrate Judge George Foley, Jr on 4/18/16. (Copies have been distributed pursuant to the NEF - PS)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 11 ) ) Plaintiff, ) Case No. 2:15-cv-00393-KJD-GWF ) v. ) ) MARSHALL, et al., ) ORDER ) Defendants. ) ) ___________________________________ ) 12 I. 6 7 8 9 10 PETER J. HELFRICH, DISCUSSION 13 On April 4, 2016, the Court issued an order dismissing Plaintiff’s second amended 14 complaint in its entirety, without prejudice, and entered judgment which closed the case. (ECF 15 No. 40, 41). Plaintiff filed a notice of appeal on April 12, 2016. (ECF No. 42). That same day, 16 Plaintiff filed a motion to compel the Nevada Attorney General’s Office to accept service of 17 process of all newly added defendants. (ECF No. 43). Plaintiff’s case is closed and he has 18 filed a notice of appeal. Accordingly, the Court will deny his motion to compel acceptance of 19 service. 20 II. CONCLUSION 21 For the foregoing reasons, IT IS ORDERED that Plaintiff’s motion to compel the Nevada 22 Attorney General’s Office to accept service of all newly added defendants (ECF No. 43) is 23 DENIED. 24 25 DATED: This 18th day of April, 2016. 26 27 28 _________________________________ United States Magistrate Judge

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