Earley v. Metro Police Department et al

Filing 7

ORDER. THE COURT ORDERS that this matter is DISMISSED without prejudice for failure to serve the defendants within 90 days after the complaint was filed. Signed by Judge Lloyd D. George on 11/29/2017., Case terminated. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARC A. EARLEY,

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Plaintiff,

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v.

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Case No. 2:15-cv-01263-LDG (GWF)
ORDER

METRO POLICE DEPARTMENT, et
al.,

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Defendants.
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The plaintiff, Marc Earley, filed an application to proceed in forma pauperis to

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prosecute a 42 U.S.C. §1983 civil rights complaint against several defendants. In February

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2016, the Magistrate Judge granted the request to proceed in forma pauperis and screened

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the complaint. The Magistrate Judge ordered that the complaint be filed (though

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recommended that one defendant be dismissed with prejudice), that the Clerk of the Court

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send the required USM-285 forms to Earley, and that Earley shall have 20 days to furnish

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the USM-285 forms to the U.S. Marshal to permit the U.S. Marshal to serve the summons

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and complaint on the defendants. Earley was further notified that, after receiving

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completed USM-285 froms from the U.S. Marshal, he would have 20 days to file notice with

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the Court identifying the defendants that were served. Earley was notified that, pursuant to

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Rule 4(m) of the Federal Rules of Civil Procedure, service must be accomplished within 90

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days from the date the complaint was filed.

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On October 17, 2017, the Clerk of the Court notified the plaintiff that the complaint

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had been filed on February 2, 2016, and again notified Earley of the requirements of Rule

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4(m). The Clerk of the Court further notified Earley that this action may be dismissed

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unless, prior to November 16, 2017, Earley filed either a proof of service (within the 90-day

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period) or good cause showing why service had not been made within that period.

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Earley has neither filed proof that service was made within the 90 day period nor
good cause why service was not made within that period. Accordingly,
THE COURT ORDERS that this matter is DISMISSED without prejudice for failure to
serve the defendants within 90 days after the complaint was filed.

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DATED this ______ day of November, 2017.

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Lloyd D. George
United States District Judge

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