Michaud v. Williams, et al.,

Filing 51

ORDER that the Clerk of the Court shall issue/re-issue a summons under seal to Defendants Sarkis Jopalian, Ron Jaeger and Glenn Fowler at the last known addresses found in ECF Nos. 32 and 48. FURTHER ORDERED that the Clerk of Court shall provi de the U.S. Marshal's office with the Summons, a copy of Plaintiff's First Amended Complaint (ECF No. 4 ), a copy of the Attorney General's Submission of Last Known Addresses (ECF No. 32 and 48), and a copy of this Order. FURTHER ORDERED that the Clerk of the Court shall send the required USM-285 forms to Plaintiff. Plaintiff shall have twenty (20) days to furnish the required USM-285 forms to the U.S. Marshal. FURTHER ORDERED that the U.S. Marshal shall NOT provide Plaint iff with a copy of the completed USM-285 forms. Rather, the U.S. Marshal's office shall file the executed summon under seal to demonstrate that service has been completed. Signed by Magistrate Judge George Foley, Jr on 2/27/2018. (Copies have been distributed pursuant to the NEF - MMM) Modified on 2/28/2018 to reflect correct signature date (MMM).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 JOHN MICHAUD, 8 Case No. 2:15-cv-02324-RFB-GWF Plaintiff, v. 9 ORDER STATE OF NEVADA, et al., 10 Defendants. 11 12 On January 17, 2018 the Court granted Plaintiff=s request to find and serve those 13 Defendants whom the Attorney General=s office did not accept service for. Order (ECF No. 14 27). The Attorney General=s Office has since provided the Court with those Defendants’ last 15 known addresses. (ECF Nos. 32 and 48). Therefore, the Court will direct the U.S. Marshal=s office to serve the summons and first amended complaint on Defendants Sarkis Jopalian, Ron 16 Jaeger and Glenn Fowler. 1 17 However, the Court will not order service on the four individuals with the last name 18 “Brown” that were identified by the Attorney General’s office as employees of the Southern 19 Desert Correctional Center on or around May 29, 2014. Plaintiff is instructed to advise the 20 Court with any information that he can in order to determine which Brown is the correct 21 defendant. 22 IT IS HEREBY ORDERED that the Clerk of the Court shall issue/re-issue a summons 23 under seal to Defendants Sarkis Jopalian, Ron Jaeger and Glenn Fowler at the last known 24 addresses found in ECF Nos. 32 and 48. 25 IT IS FURTHER ORDERED that the Clerk of Court shall provide the U.S. Marshal’s 26 office with the Summons, a copy of Plaintiff’s First Amended Complaint (ECF No. 4), a copy 27 28 1 The Court previously ordered that the U.S. Marshal’s office serve Defendants Jopalian and Jaeger. See ECF No. 38. However, the Court inadvertently failed to order Plaintiff complete the required USM-285 form. Therefore, service has not been completed. 1 1 of the Attorney General’s Submission of Last Known Addresses (ECF No. 32 and 48), and a 2 copy of this Order. 3 IT IS FURTHER ORDERED that the Clerk of the Court shall send the required USM- 4 285 forms to Plaintiff. Plaintiff shall have twenty (20) days to furnish the required USM-285 forms to the U.S. Marshal at 333 Las Vegas Blvd., South, Suite 2058, Las Vegas, Nevada 5 89101. 2 6 IT IS FURTHER ORDERED that the U.S. Marshal shall NOT provide Plaintiff with 7 a copy of the completed USM-285 forms. Rather, the U.S. Marshal’s office shall file the 8 executed summon under seal to demonstrate that service has been completed. 9 Dated this 27th day of February, 2018. 10 11 12 GEORGE FOLEY, JR. UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Because Plaintiff is not privy to the Defendants’ last known addresses, he does not have to fill out the address section of the USM-285 form. That section will be completed by the U.S. Marshal. However, all other sections of the form shall be filled out to the best of Plaintiff’s ability. 2

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