Ocasio v. Perez et al

Filing 25

ORDER that 22 Motion for an Order Requiring the United States Marshal to Serve Defendant Debrah Tanner is DENIED as moot. Signed by Magistrate Judge Nancy J. Koppe on 7/26/16. (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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ALEXANDER OCASIO,

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Pending before the Court is Plaintiff’s motion for an order requiring the United States

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Marshal to effectuate service on Defendant Debrah Tanner. Docket No. 22. Ms. Tanner has now

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appeared in this action through counsel. See Docket No. 23 (motion to dismiss under Rule 12(b)(6)

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filed on behalf of, inter alia, Ms. Tanner). Hence, it appears further efforts to effectuate service on

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Ms. Tanner are not necessary. Cf. Fed. R. Civ. P. 12(h)(1) (insufficient service of process is a

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waivable defense). Accordingly, the pending motion is hereby DENIED as moot.

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Plaintiff(s),
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vs.
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OFFICER WILLIAM PEREZ, et al.,
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Defendant(s).

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ORDER
(Docket No. 22)

IT IS SO ORDERED.

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Case No. 2:16-cv-00956-GMN-NJK

Dated: July 26, 2016

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NANCY J. KOPPE
United States Magistrate Judge