Mitchell, Jr. v. Department of Corrections et al

Filing 32

ORDER re 21 Screening Order. Within 21 days of entry of this Order, the Attorney General's Office shall file a notice advising the court (see order for details) Signed by Magistrate Judge Nancy J. Koppe on 1/23/2017. (Copies have been distributed pursuant to the NEF, cc: NV Atty General with Complaint/Order - JM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 DONALD E. MITCHELL, JR., Plaintiff, 8 9 10 v. NEVADA DEPARTMENT OF CORRECTIONS et al., 11 Defendants. 12 ) ) ) ) ) ) ) ) ) ) ) 2:16-cv-00037-RFB-NJK ORDER ___________________________________ 13 This is an action on a civil rights complaint pursuant to 42 U.S.C. § 1983, removed from 14 state court. The Court entered a screening order on October 5, 2016. (ECF No. 21). The 15 screening order imposed a 90-day stay and the Court entered a subsequent order in which the 16 parties were assigned to mediation by a court-appointed mediator. (ECF No. 21, 24). The 17 Office of the Attorney General has filed a status report indicating that settlement has not been 18 reached and informing the Court of its intent to proceed with this action. (ECF No. 31). 19 IT IS THEREFORE ORDERED that: 20 1. The Clerk of the Court shall electronically SERVE a copy of this order and a copy 21 of Plaintiff’s amended complaint (ECF No. 15) on the Office of the Attorney General of the 22 State of Nevada, attention Kat Howe. 23 2. Subject to the findings of the screening order (ECF No. 21), within twenty-one 24 (21) days of the date of entry of this order, the Attorney General’s Office shall file a notice 25 advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts 26 service; (b) the names of the defendants for whom it does not accept service, and (c) the 27 names of the defendants for whom it is filing the last-known-address information under seal. 28 As to any of the named defendants for whom the Attorney General’s Office cannot accept 1 service, the Office shall file, under seal, but shall not serve the inmate Plaintiff the last known 2 address(es) of those defendant(s) for whom it has such information. If the last known address 3 of the defendant(s) is a post office box, the Attorney General's Office shall attempt to obtain 4 and provide the last known physical address(es). 5 3. If service cannot be accepted for any of the named defendant(s), Plaintiff shall 6 file a motion identifying the unserved defendant(s), requesting issuance of a summons, and 7 specifying a full name and address for the defendant(s). For the defendant(s) as to which the 8 Attorney General has not provided last-known-address information, Plaintiff shall provide the 9 full name and address for the defendant(s). 10 4. If the Attorney General accepts service of process for any named defendant(s), 11 such defendant(s) shall file and serve an answer or other response to the complaint within 12 sixty (60) days from the date of this order. 13 5. Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has been 14 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document 15 submitted for consideration by the Court. Plaintiff shall include with the original document 16 submitted for filing a certificate stating the date that a true and correct copy of the document 17 was mailed or electronically filed to the defendants or counsel for the defendants. If counsel 18 has entered a notice of appearance, Plaintiff shall direct service to the individual attorney 19 named in the notice of appearance, at the physical or electronic address stated therein. The 20 Court may disregard any document received by a district judge or magistrate judge which has 21 not been filed with the Clerk of the Court, and any document received by a district judge, 22 magistrate judge, or the Clerk of the Court which fails to include a certificate showing proper 23 service. 24 DATED: January 23, 2017 25 26 27 _________________________________ Nancy J. Koppe United States Magistrate Judge 28 2

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