Mayo v. Nevada Department of Corrections et al

Filing 39

ORDER that the Clerk of the Court shall issue summons to Defendant Bryan Wilson. FURTHER ORDERED that the Clerk of the Court shall fill out an USM-285 form for Defendant Wilson. FURTHER ORDERED that the Clerk of the Court shall provide a copy of thi s order, the summons to Defendant Wilson, two (2) copies of Plaintiff's Amended Complaint (ECF No. 17) and the completed USM-285 form to the U.S. Marshal's Office. FURTHER ORDERED that the Marshal's Office shall attempt service upon De fendant Wilson. If the Plaintiff wishes to have the U.S. Marshal attempt service again on any unserved defendant, then a motion must be filed with the Court identifying the unserved defendant and indicating whether some other manner of service should be used. Signed by Magistrate Judge George Foley, Jr on 9/27/16. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 6 7 8 9 ARTHUR MAYO, ) ) Plaintiff, ) ) vs. ) NEVADA DEPARTMENT OF ) CORRECTIONS, et al., ) ) Defendants. ) ____________________________________) Case No. 2:15-cv-1906-LDG-GWF ORDER 10 11 This matter is before the Court on Plaintiff’s Motion for the Court and/or US Marshal to 12 Facilitate Service (ECF No. 35), filed on September 15, 2016. Defendant filed its Limited 13 Response (ECF No. 36) on September 23, 2016. 14 On July 12, 2016, the Court issued an order instructing the Clerk of the Court to 15 electronically serve a copy of Plaintiff’s amended complaint on the Office of the Attorney General 16 of the State of Nevada. See ECF No. 25. The Court instructed the Attorney General’s Office to file 17 a notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts 18 service; (b) the names of the defendants for whom it does not accept service, and (c) the names of 19 the defendants for whom it is filing the last-known-address information under seal. On August 3, 20 2016, the Office of the Attorney General filed a Notice (ECF No. 29) that service was accepted on 21 behalf of Defendants Brian E. Williams, Minor Adams, and Daniel Tracy. Service was not 22 accepted on behalf of Bryan Wilson. 23 In its Limited Response, the Office of the Attorney General represents that it was unable to 24 obtain consent from Defendant Wilson and requested that the Court order the U.S. Marshal Service 25 to execute service upon Defendant Wilson at Florence McClure Women’s Correctional Center at 26 4370 Smiley Road. In his Motion, Plaintiff stated that he believed Defendant Wilson is currently 27 employed at a correctional center at 4370 Smiley Road. On September 23, 2016, the Office of the 28 Attorney General submitted Defendant Wilson’s last known address under seal as ordered by the 1 2 3 4 5 6 7 Court. The Court will direct service upon Defendant Wilson. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall issue summons to Defendant Bryan Wilson. IT IS FURTHER ORDERED that the Clerk of the Court shall fill out an USM-285 form for Defendant Wilson with the following contact information: Bryan Wilson Florence McClure Women’s Correctional Center 4370 Smiley Road Las Vegas, NV 89115 8 9 IT IS FURTHER ORDERED that the Clerk of the Court shall provide a copy of this 10 order, the summons to Defendant Wilson, two (2) copies of Plaintiff’s Amended Complaint (ECF 11 No. 17) and the completed USM-285 form to the U.S. Marshal’s Office at 333 Las Vegas Blvd. 12 South, Suite 2058, Las Vegas, Nevada 89101. 13 IT IS FURTHER ORDERED that the Marshal’s Office shall attempt service upon 14 Defendant Wilson. If the Plaintiff wishes to have the U.S. Marshal attempt service again on any 15 unserved defendant, then a motion must be filed with the Court identifying the unserved defendant 16 and indicating whether some other manner of service should be used. 17 DATED this 27th day of September, 2016. 18 19 20 GEORGE FOLEY, JR. United States Magistrate Judge 21 22 23 24 25 26 27 28 2

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