Jiles v. Warden Williams et al

Filing 10

ORDER. IT IS ORDERED that the Clerk of the Court shall electronically SERVE a copy of this order on the Office of the Attorney General of the State of Nevada, attention Kat Howe. IT IS FURTHER ORDERED that, on or before Friday, 4/14/17, the Attor ney Generals Office shall either file a limited notice of appearance on behalf of Defendant Nunez for the purpose of settlement or file a notice informing the Court about the status of Defendant Nunez's identity. Signed by Magistrate Judge Nancy J. Koppe on 3/6/17. (Copies have been distributed pursuant to the NEF - cc: Kat Howe - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MAURICE JILES,

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Plaintiff,
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v.
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WARDEN WILLIAMS et al.,
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Defendants.
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___________________________________ )

2:16-cv-01118-JCM-NJK
ORDER

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I.

DISCUSSION

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This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state
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prisoner. On December 27, 2016, this Court issued a screening order permitting the case to
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proceed against Defendant Nunez. (ECF No. 2 at 4-5). The Court stayed the case for ninety
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(90) days to allow Plaintiff and Defendant an opportunity to settle their dispute. (Id. at 5). The
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Court directed the Attorney General’s Office to advise the Court whether it would enter a
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limited notice of appearance on behalf of Defendant for the purpose of settlement. (Id. at 6).
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On January 18, 2017, the Attorney General’s Office responded that it was unable to provide
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a limited notice of appearance because there were no current NDOC employees named
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Nunez and that it was unable to determine which former employee named Nunez Plaintiff was
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referring to. (ECF No. 5 at 1).
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On January 20, 2017, the Court issued an order permitting Plaintiff to conduct limited
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pre-service discovery in an effort to ascertain the true identity of Nunez. (ECF No. 6 at 2).
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The Court permitted Plaintiff to serve three (3) interrogatories on the Attorney General’s Office
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in order to discovery the identity of the Nunez described in Plaintiff’s complaint. (Id.) The

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Court directed Plaintiff to serve his interrogatories to the Attorney General’s Office within thirty

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(30) days from the date of that order. (Id.) The Court directed the Attorney General’s Office

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to file a notice forty-five (45) days from the date of that order informing the Court about the

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status of Nunez’s identity. (Id. at 3). The Court directed the Attorney General’s Office to enter

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a limited notice of appearance on behalf of Defendant for the limited purpose of conducting

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limited pre-service discovery in an effort to ascertain the true identity of Nunez. (Id. at 2).

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On January 23, 2017, the Attorney General’s Office entered a limited notice of

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appearance on behalf of Nunez for limited purpose of pre-service discovery. (ECF No. 7). On

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February 6, 2017, Plaintiff responded that the Attorney General’s Office entered a limited

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notice of appearance on behalf of Nunez in order to ascertain Nunez’s true identity and, thus,

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Nunez had been “served and delivered.” (Id. at 2). Plaintiff stated that his case could now

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move forward pursuant to the screening order. (Id.)

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On March 3, 2017, the Attorney General’s Office filed a notice informing the Court that

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Plaintiff did not serve any interrogatories on the Attorney General’s Office and that it was still

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unable to enter any appearances for early mediation. (ECF No. 9 at 2).

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The Court finds that Plaintiff has mischaracterized this Court’s January 20, 2017 order.

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That order directed the Attorney General’s Office to enter a limited notice of appearance for

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the sole purpose of giving Plaintiff the opportunity to learn Nunez’s true identity. Instead of

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filing any interrogatories, Plaintiff attempts to argue that the limited notice of appearance for

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pre-service discovery satisfied service on Nunez. It does not.

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The Court grants Plaintiff one final opportunity to conduct limited pre-service discovery

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in an effort to ascertain the true identity of Defendant Nunez. Plaintiff shall serve three (3)

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interrogatories on the Attorney General’s Office in order to discover the identity of the Nunez

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described in Plaintiff’s complaint. If Plaintiff and the Attorney General’s Office learn the identity

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of the Nunez who allegedly violated Plaintiff’s rights, the Attorney General’s Office shall enter

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a limited notice of appearance on behalf of Defendant Nunez for the purpose of settlement in

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compliance with this Court’s screening order (ECF No. 2). If Plaintiff fails to serve the Attorney

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General’s Office three (3) interrogatories on or before Friday, March 24, 2017, for the purpose
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of discovering the identity of the Nunez described in Plaintiff’s complaint, the Court will dismiss

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this case with prejudice.

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that the Clerk of the Court shall

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electronically SERVE a copy of this order on the Office of the Attorney General of the State

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of Nevada, attention Kat Howe.

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IT IS FURTHER ORDERED that Plaintiff shall serve three (3) interrogatories on the

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Attorney General’s Office in order to discover the true identity of the Nunez identified in

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Plaintiff’s complaint. Plaintiff shall serve his three (3) interrogatories on the Attorney General’s

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Office on or before Friday, March 24, 2017.1 If Plaintiff fails to timely serve the interrogatories

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to the Attorney General’s Office, the Court shall dismiss this case with prejudice.

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IT IS FURTHER ORDERED that, if Plaintiff and the Attorney General are able to

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discover the true identity of the Nunez identified in Plaintiff’s complaint, the Attorney General’s

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Office shall enter a limited notice of appearance on behalf of Defendant Nunez for the purpose

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of settlement in compliance with this Court’s screening order (ECF No. 2).

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IT IS FURTHER ORDERED that, on or before Friday, April 14, 2017, the Attorney

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General’s Office shall either file a limited notice of appearance on behalf of Defendant Nunez

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for the purpose of settlement or file a notice informing the Court about the status of Defendant

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Nunez’s identity.

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Plaintiff shall serve his interrogatories to Frank A. Toddre, II, Nevada Attorney
General, Bureau of Litigation, Public Safety Division, 555 E. Washington Ave., Ste. 3900, Las
Vegas, Nevada 89101.
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IT IS FURTHER ORDERED that, if Plaintiff and the Attorney General’s Office are

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unable to discover the true identity of the Nunez identified in Plaintiff’s complaint after pre-

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service discovery, the Court will dismiss the case without prejudice.

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DATED: This 6th day of March, 2017.

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_________________________________
NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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