Cranford v. State of Nevada, et al
Filing
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ORDER that the Nevada Office of the Attorney General shall investigate the matter and file a status report informing the court of its findings on or before 1/19/2018. If Plaintiff's death is confirmed the Nevada Office of the Attorney General shall file a suggestion of death on the record on or before 1/19/2018. Signed by Magistrate Judge Peggy A. Leen on 1/5/2018. (Copies have been distributed pursuant to the NEF - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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DUKE F. CRANFORD,
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v.
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Case No. 2:15-cv-02189-GMN-PAL
Plaintiff,
ORDER
E.K. McDANIEL, et al.,
(Mail Returned Undeliverable – ECF No. 46)
Defendants.
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This matter is before the court on a review of the record.
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Plaintiff Duke K. Cranford is a pro se prisoner in the custody of the Nevada Department of
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Corrections (“NDOC”) at the Northern Nevada Correctional Center. Plaintiff commenced this
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action on November 18, 2015. This case arises from Plaintiff’s claims under 28 U.S.C. § 1983,
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regarding his treatment while he was incarcerated at the High Desert State Prison (“HDSP”). The
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court has found that the Second Amended Complaint (ECF No. 11) states a plausible Eighth
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Amendment claim for deliberate indifference to a serious medical need against Defendants E.K.
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McDaniels, Romeo Aranas, B. Stroud, Dr. Leaks, and nurse Molly. Screening Order (ECF
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No. 13).
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On December 9, 2016, the Nevada Office of the Attorney General (“Attorney General”)
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accepted service on behalf of Defendants E.K. McDaniels, Romeo Aranas, and Bruce Stroud (the
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“NDOC Defendants”). Notice Acceptance of Service (ECF No. 20). The NDOC Defendants filed
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an Answer (ECF No. 23) to the Second Amended Complaint.
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The court extended the deadline for Plaintiff to accomplish service on Defendants Molly
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Chiello and Dr. George Leaks until July 14, 2017. Orders (ECF Nos. 30, 41). The record indicates
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that service was not effected for Chiello. May 5, 2017 Summons Returned Unexecuted (ECF
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No. 36). However, Plaintiff did not file a motion before the July 14, 2017 deadline specifying a
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more detailed name and/or address, or whether some other manner of service should be attempted.
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Service was executed for Defendant Dr. George Leaks, June 7, 2017 Summons Returned Executed
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(ECF No. 43), but no answer has been filed to date. No party has filed a certificate of interested
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parties pursuant to LR 7.1-1 of the Local Rules of Practice
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On August 2, 2017, the Clerk of the Court issued a Notice of Intent to Dismiss Pursuant to
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FRCP 4(m) (ECF No. 45), altering Plaintiff that no proper proof of service had been filed regarding
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Defendant Chiello. The notice was returned to the court indicating that Plaintiff was “Deceased
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6/19/17.” Mail Returned Undeliverable (ECF No. 46).
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Plaintiff’s last court filings are dated May 15, 2017. See Min. Order (ECF No. 40)
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(returning Plaintiff’s improperly filed interrogatories). A public records search on NDOC’s online
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search engine for Mr. Cranford states “Inactive–Death.”
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Accordingly,
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IT IS ORDERED:
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1. The Nevada Office of the Attorney General shall investigate the matter file a status
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report informing the court of its findings on or before January 19, 2018.
2. If Plaintiff’s death is confirmed, the Nevada Office of the Attorney General shall file a
suggestion of death on the record on or before January 19, 2018.
Dated this 5th day of January, 2018.
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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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