Cranford v. State of Nevada, et al

Filing 41

ORDER that the deadline to accomplish service on Defendant Leaks is 7/14/2017. Clerk shall issue summons UNDER SEAL for Defendant Leaks. Signed by Magistrate Judge Peggy A. Leen on 5/16/2017. (Copies have been distributed pursuant to the NEF, cc: USM with 11 and 37 - JM)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

DUKE F. CRANFORD,

8
9
10
11

v.

Case No. 2:15-cv-02189-GMN-PAL
Plaintiff,

ORDER

E.K. McDANIEL, et al.,
Defendants.

12

This matter is before the court on the Sealed Submission of Last Known Address (ECF

13

No. 37) filed by the Attorney General for the State of Nevada (“Attorney General”), counsel for

14

Defendants E.K. McDaniel, Romeo Aranas, and Bruce Stroud. See also Notice of Filing Under

15

Seal (ECF No. 38). The Attorney General filed the Sealed Submission in response to the court’s

16

Order to Show Cause (ECF No. 35) for failing to comply with a previous Order (ECF No. 32)

17

requiring the Attorney General to advise the court and Plaintiff whether service would be accepted

18

on behalf of Dr. Leaks or file the doctor’s last known address under seal. The Attorney General

19

has now filed Dr. George Leaks’ last known address under seal. Sealed Submission (ECF No. 37).

20

In cases involving an incarcerated in forma pauperis plaintiff, the USM will serve the

21

summons and the complaint upon order of the court. Fed. R. Civ. P. 4(c)(3); 28 U.S.C. § 1915(d).

22

Thus, the Clerk of the Court will be directed to issue summons under seal to Defendant Dr. George

23

Leaks and provide the U.S. Marshal Service (“USM”) with his last known address to attempt

24

service. If the USM is unable to serve Defendant Leaks at his last known address and Cranford

25

wishes to have service attempted again, he must file a timely motion specifying a more detailed

26

name and/or address for said defendant, or whether some other manner of service should be

27

attempted. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, Mr. Cranford must

28

comply with this Order by accomplishing service by July 14, 2017, and his failure to complete
1

1

service by that deadline may result in a recommendation to the district judge that the claims against

2

Defendant Leaks be dismissed without prejudice.

3

Having reviewed and considered the matter,

4

IT IS ORDERED:

5

1. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, the deadline to

6

accomplish service on Defendant Leaks is July 14, 2017.

7

2. The Clerk of the Court SHALL ISSUE SUMMONS UNDER SEAL for Defendant Dr.

8

George Leaks and deliver the same to the USM for service, along with a copy of the

9

Second Amended Complaint (ECF No. 11), Sealed Submission of Last Known

10
11
12

Address (ECF No. 37), and this Order.
3. The USM is directed to serve Defendant Leaks at the address listed in the Sealed
Submission of Last Known Address (ECF No. 37).

13

4. After attempting service, the USM shall redact the return of service form so that

14

Defendant Leaks’ last known address is not made publically available and file a notice

15

with the court indicating whether he was served.

16

5. If the USM is unable to serve Defendant Leaks and Mr. Cranford wishes to have service

17

attempted again, he must timely file a motion specifying a more detailed name and/or

18

address for the doctor, or whether some other manner of service should be attempted.

19

6. Mr. Cranford must comply with this Order by accomplishing service by July 14, 2017,

20

and his failure to complete service by that deadline may result in a recommendation to

21

the district judge that Defendant Dr. George Leaks be dismissed without prejudice.

22

Dated this 16th day of May, 2017.

23
24
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

25
26
27
28
2