Hobson v. Clark County Nevada et al

Filing 21

ORDER granting 18 Motion to Reattempt Service on Defendants. ORDERED that a subpoena duces tecum be issued to the custodian of records at the Clark County Detention Center. FURTHER ORDERED that the custodian of records file UNDER SEAL a response to this subpoena within twenty (20) days of receipt. Signed by Magistrate Judge Cam Ferenbach on 4/28/2017. (Copies have been distributed pursuant to the NEF, cc: directions pursuant to Order - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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TONY L. HOBSON,
Plaintiff,
vs.
CLARK COUNTY DETENTION CENTER, et
al.,

2:16-cv-00437-JAD-VCF
ORDER

Defendants.

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Before the court is Plaintiff’s Motion to Reattempt Service on Defendants (ECF No. 18). On

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October 31, 2016, the court ordered issuance of Summons for Defendants Cera and Sgt Graham. (ECF

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No. 7). For Defendant Cera, Plaintiff completed the USM-285 form, describing the defendant as “Cera

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(P#2228”). (ECF No. 14). The U.S. Marshal’s Office attempted service of a Summons and complaint

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using this form and returned the form stating that the Marshal was not able to locate this defendant. The

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Marshal reported that service was attempted, but “p# number and name do not match/metro refused.” Id.

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Plaintiff states that he never received a USM-285 form for Defendant Sgt Graham. (ECF No. 18).

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Plaintiff requests the court additional time to serve Defendants Cera and Sgt Graham. Id.

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Accordingly, Plaintiff’s Motion (ECF No. 18) is GRANTED as follows:

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IT IS HEREBY ORDERED that a subpoena duces tecum be issued to the custodian of records at

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the Clark County Detention Center directing the custodian to determine the first and last name and last-

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known address(es) of an officer Cert who worked at the Clark County Detention Center in January, 2016.

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The U.S. Marshal is directed to serve this subpoena, together with a copy of this order to the custodian of

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records at the Clark County Detention Center.

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IT IS FURTHER ORDERED that the custodian of records file UNDER SEAL a response to this

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subpoena within twenty (20) days of receipt. The clerk is directed to then complete a USM-285 form

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including the information provided by the custodian regarding Defendant Cert, and deliver that completed

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form, together with a Summons for Defendant Cert, to the U.S. Marshal. Within thirty (30) days of receipt

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of the Summons and USM-285 form, the Marshall must serve the summons and a copy of the Complaint

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(ECF No. 5) on Defendant Cert and file a REDACTED copy of the USM-285 form showing whether

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service has been accomplished. THE MARSHAL MUST REDACT FROM THIS FILED RETURN OF

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SERVICE ALL PERSONAL IDENTIFIERS CONTAINED IN THE USM-285.

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The Clerk of Court is directed to send the summons on Sgt Graham P#6896 to the U.S. Marshal

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for service. The Clerk shall send Plaintiff a USM-285 form for Sgt Graham. Clerk also shall send a copy

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of the complaint (ECF No. 5) and a copy of this order to the U.S. Marshal for service on Sgt Graham.

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Plaintiff shall have thirty (30) days within which to furnish to the U.S. Marshal the required USM-285

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form with relevant information as to Sgt Graham. Within twenty (20) days after receiving from the U.S.

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Marshal a copy of the USM-285 forms showing whether service has been accomplished, Plaintiff must

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file a notice with the Court identifying if Sgt Graham was served.

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If Plaintiff wishes to have service again attempted on an unserved Defendant(s), then a motion

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must be filed with the Court identifying the unserved Defendant(s) and specifying a more detailed name

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and/or address for said Defendant(s), or whether some other manner of service should be attempted.

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IT IS SO ORDERED.

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DATED this 28th day of April, 2017.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE