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