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