Collins v. Hendrix et al

Filing 49

ORDER that 48 Motion for Clarification is GRANTED. Signed by Magistrate Judge Carl W. Hoffman on 6/28/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LEROY COLLINS,

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Plaintiff,
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v.
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PATRICK HENDRIX, et al,
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Defendants.
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_______________________________________ )

Case No. 2:15-cv-01696-JCM-CWH

ORDER

Presently before the Court is pro se Plaintiff Leroy Collins’ motion for clarification (ECF No.

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48), filed on June 23, 2017. Plaintiff inquires as to whether or not the requirements to serve

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Defendant Patrick Hendricks have been satisfied.

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On March 22, 2017, a sealed summons (ECF No. 38) was issued to Defendant Patrick

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Hendricks. This summons was delivered to the U.S. Marshal, who were unable to execute the

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summons (ECF No. 39). Defendant was not served. Plaintiff was then given leave of the Court to

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serve Defendant Patrick Hendricks by publication (ECF No. 43). The Court issued Plaintiff’s

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proposed summons (ECF No. 47) for Plaintiff to use in his attempts to provide service by

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publication. To date, it does not appear that Defendant Patrick Hendricks has been served.

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On June 20, 2017, the Court extended its deadline (ECF No. 48) for Plaintiff to serve

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Defendant Patrick Hendricks, and to provide notice to the Court that service by publication has been

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accomplished in accordance with Nevada Rules of Civil Procedure 4(e)(1), to July 31, 2017.

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IT IS THEREFORE ORDERED that Plaintiff’s motion for clarification is GRANTED. This

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order serves as the clarification.

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DATED: June 28, 2017.

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

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