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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 7 8 9 10 LEROY COLLINS, ) ) Plaintiff, ) ) v. ) ) PATRICK HENDRIX, et al, ) ) Defendants. ) ) _______________________________________ ) Case No. 2:15-cv-01696-JCM-CWH ORDER Presently before the Court is pro se Plaintiff Leroy Collins’ motion for clarification (ECF No. 11 48), filed on June 23, 2017. Plaintiff inquires as to whether or not the requirements to serve 12 Defendant Patrick Hendricks have been satisfied. 13 On March 22, 2017, a sealed summons (ECF No. 38) was issued to Defendant Patrick 14 Hendricks. This summons was delivered to the U.S. Marshal, who were unable to execute the 15 summons (ECF No. 39). Defendant was not served. Plaintiff was then given leave of the Court to 16 serve Defendant Patrick Hendricks by publication (ECF No. 43). The Court issued Plaintiff’s 17 proposed summons (ECF No. 47) for Plaintiff to use in his attempts to provide service by 18 publication. To date, it does not appear that Defendant Patrick Hendricks has been served. 19 On June 20, 2017, the Court extended its deadline (ECF No. 48) for Plaintiff to serve 20 Defendant Patrick Hendricks, and to provide notice to the Court that service by publication has been 21 accomplished in accordance with Nevada Rules of Civil Procedure 4(e)(1), to July 31, 2017. 22 IT IS THEREFORE ORDERED that Plaintiff’s motion for clarification is GRANTED. This 23 order serves as the clarification. 24 DATED: June 28, 2017. 25 26 _________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 27 28 1

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