Michaud v. Williams, et al.,

Filing 46

ORDER Re: 42 Notice to Correct Error. The Court finds good cause to grant Plaintiff's request. The Department of Corrections is to provide the Court with the last known addresses of Defendants Fowler and Brown under seal by 2/22/2018. The Department shall also inform the Court if it is unable to identify either of these Defendants. Signed by Magistrate Judge George Foley, Jr on 2/12/2018. (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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JOHN MICHAUD,

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Plaintiff,
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vs.
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STATE OF NEVADA, et al.,
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Defendants.
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__________________________________________)

Case No. 2:15-cv-02324-RFB-GWF

ORDER

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This matter is before the Court Plaintiff’s Notice to Correct Error (ECF No. 42), filed on
February 8, 2018.
On January 17, 2018 the Court granted Plaintiff’s request to find and serve those Defendants

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whom the Attorney General’s (“AG”) office did not accept service for. Order (ECF No. 27). The

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Court ordered the Department of Corrections to provide the Court with the last known addresses of

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Defendant: 1) Mr. Fowley. On January 26, 2018, the AG’s office filed an Amended Notice of

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Acceptance of Service (ECF No. 31). The AG’s office represented that it had been unable to locate

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any NDOC employee by the name of “Mr. Fowley.” See ECF No. 31. As a result the Court ordered

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Plaintiff to provide more detailed information for Defendant Fowley so that he may be located.

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Order (ECF No. 38). In response, Plaintiff filed the instant Notice to Correct Error which states that

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Defendant “Fowley” is supposed to be “Fowler”, a Sergeant at Southern Desert Correctional Center

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(“SDCC”). In addition to this clarification, Plaintiff states that Defendant Brown, also a Sergeant at

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SDCC, had been inadvertently left out of his request for service.

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In light of these errors, Plaintiff requests that the Court order that Defendants Fowler and

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Brown be located and served with a copy of the summons and complaint. The Court finds good

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cause to grant Plaintiff’s request. The Court will therefore, order that the Department of Corrections

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provide the Court with the last known addresses of Defendants Fowler and Brown so that this

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information may be provided to the United States Marshal’s Office for service. Due to safety

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considerations and because Plaintiff is not entitled to Defendants’ addresses, this information should

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be provided to the Court under seal. Accordingly,

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IT IS HEREBY ORDERED that the Department of Corrections shall provide the Court,

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under seal, with the last known addresses of 1) Mr. Fowler and 2) Mr. Brown no later than

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February 22, 2018. The Department shall also inform the Court if it is unable to identify either of

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these Defendants.

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DATED this 12th day of February, 2018.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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