Marshall v. Cox et al

Filing 15

ORDER that the Clerk shall electronically SERVE a copy of this order and a copy of Plaintiff's amended complaint (ECF No. 4 ) on the Office of the Attorney General of the State of Nevada. Subject to the findings of the screening order (ECF No. 5 ), within twenty-one (21) days of the date of entry of this order, the Attorney Generals 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.This case is no longer stayed. Signed by Magistrate Judge Nancy J. Koppe on 1/10/2018. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GEORGE L. MARSHALL,

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Plaintiff,
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v.
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JAMES COX et al.,
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Defendants.
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___________________________________ )

2:16-cv-00566-JAD-NJK
ORDER

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This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a

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former state prisoner. The Court previously granted Plaintiff’s application to proceed in district

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court without prepaying fees or costs.1 (ECF No. 2 at 16).

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On October 4, 2017, the Court entered a screening order. (ECF No. 5). The screening

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order imposed a 90-day stay and the Court entered a subsequent order assigning the case

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to mediation by a court-appointed mediator. (ECF No. 5, 10). The Office of the Attorney

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General has filed a status report indicating that settlement was not reached and informing the

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Court of its intent to proceed with this action. (ECF No. 14).

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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. 4) on the Office of the Attorney General of the State

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of Nevada, by adding the Attorney General of the State of Nevada to the docket sheet. This

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does not indicate acceptance of service.

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2.

Service must be perfected within ninety (90) days from the date of this order

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Plaintiff is not subject to the requirements of 28 U.S.C. § 1915(a)(2), (b) because he
is no longer a “prisoner” within the meaning of the statute. See 28 U.S.C. § 1915(h).

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pursuant to Fed. R. Civ. P. 4(m).
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Subject to the findings of the screening order (ECF No. 5), 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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4.

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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5.

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 amended complaint

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within sixty (60) days from the date of this order.

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6.

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, and any document received by a district judge, magistrate judge,
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or the Clerk which fails to include a certificate showing proper service.
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This case is no longer stayed.

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Dated this 10th day of January, 2018.

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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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