Mayo v. Nevada Department of Corrections et al

Filing 51

ORDER that 48 Motion to Serve under Seal is granted. Signed by Magistrate Judge George Foley, Jr on 12/5/16. (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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Plaintiff,
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vs.
NEVADA DEPARTMENT OF
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CORRECTIONS, et al.,
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Defendants.
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____________________________________)
ARTHUR MAYO,

Case No. 2:15-cv-1906-LDG-GWF
ORDER

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This matter is before the Court on Plaintiff’s Motion to Serve under Seal (ECF No. 48),
filed on November 22, 2016.

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On July 12, 2016, the Court issued an order instructing the Clerk of the Court to

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electronically serve a copy of Plaintiff’s amended complaint on the Office of the Attorney General

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of the State of Nevada. See ECF No. 25. The Court instructed the Attorney General’s Office to file

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a notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts

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service; (b) the names of the defendants for whom it does not accept service, and (c) the names of

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the defendants for whom it is filing the last-known-address information under seal. On August 3,

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2016, the Office of the Attorney General filed a Notice (ECF No. 29) that service was accepted on

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behalf of Defendants Brian E. Williams, Minor Adams, and Daniel Tracy. Service was not

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accepted on behalf of Bryan Wilson. In its Limited Response, the Office of the Attorney General

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represents that it was unable to obtain consent from Defendant Wilson and requested that the Court

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order the US Marshall Service to execute service upon Defendant Wilson at Florence McClure

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Women’s Correctional Center at 4370 Smiley Road.

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On September 27, 2016, the Court ordered the U.S. Marshals Service to attempt service

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upon Defendant Wilson at Florence McClure Women’s Correctional Center at 4370 Smiley Road.

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See ECF No. 39. On November 8, 2016, the summons for Bryan Wilson was returned unexecuted

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because Defendant Wilson was no longer employed at Florence McClure Women’s Correctional

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Center. See ECF No. 45. On September 23, 2016, the Office of the Attorney General submitted

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Defendant Wilson’s last known address under seal as ordered by the Court. Plaintiff requests that

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the Court order the U.S. Marshals Service to attempt service upon Defendant Wilson at his last

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known address. The Court will provide the contact information to the U.S. Marshals Service in a

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sealed order and direct service upon Defendant Wilson at his last known address. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Serve under Seal (ECF No. 48) is
granted.
DATED this 5th day of December, 2016.

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GEORGE FOLEY, JR.
United States Magistrate Judge

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