Bryant v. Donohue et al

Filing 10

ORDER. IT IS ORDERED that 5 , 9 Plaintiff Donell Gerod Bryant's Motions for Extension of Time to Serve Complaint are GRANTED. ( Proof of service due by 6/7/2017.) Signed by Magistrate Judge Peggy A. Leen on 3/8/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DONELL GEROD BRYANT,

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v.

Case No. 2:16-cv-01172-GMN-PAL
Plaintiff,

ORDER

OFFICER DONOHUE, et al.,

(Mots. Ext Time – ECF Nos. 5, 9)
Defendants.

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This matter is before the court on Plaintiff Donell Gerod Bryant’s Motions for Extension

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of Time to Serve Complaint (ECF Nos. 5, 9). These Motions are referred to the undersigned

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pursuant to 28 U.S.C. § 636(b)(1)(A) and LR IB 1-3 and 1-7 of the Local Rules of Practice.

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Plaintiff is a prisoner in the custody of the Nevada Department of Corrections (“NDOC”)

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and he proceeding in this action pro se and in forma pauperis (“IFP”). See Jan. 6, 2017 Screening

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Order (ECF No. 2). This case arises from Plaintiff’s allegations, pursuant to 28 U.S.C. § 1983,

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regarding his treatment while he was incarcerated at the Clark County Detention Center

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(“CCDC”). Upon review of the complaint, the court determined that it stated plausible claims for

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excessive strip searches and excessive force. Id. The court directed the Clerk of the Court to issue

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summons to defendants and deliver the same to the U.S. Marshal Service (“USM”) for service. Id.

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The Clerk of the Court was also instructed to send Plaintiff three USM-285 forms, one copy of the

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complaint, and a copy of the order. Id. The court gave Plaintiff 30 days in which to provide the

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USM with the relevant information as to each defendant on each form. Id.

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Plaintiff’s first motion acknowledged that he received the Screening Order (ECF No. 2),

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but stated that he was awaiting transfer to an NDOC facility. He requested an additional 30 days

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to submit the USM-285 forms to avoid any delays and lost mail as a result of the transfer. The

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second motion states that the transfer is now complete and he is currently housed at the High Desert
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State Prison. However, he has yet to enter the general population or access the law library.

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Plaintiff therefore renews his request for an extension to submit the USM-285 forms to the USM.

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Having reviewed and considered the matter, and for good cause appearing,

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IT IS ORDERED:

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1. Plaintiff Donell Gerod Bryant’s Motions for Extension of Time to Serve Complaint

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(ECF Nos. 5, 9) are GRANTED.
2. Plaintiff shall until March 30, 2017, to send the USM a completed USM-285 Form for
each defendant, as well as a copy of this Order authorizing service.

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3. Within 14 days after receiving a copy of the completed USM-285 Form from the USM,

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Plaintiff must file a notice with the court identifying which defendant(s) were served

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and which were not, if any.

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4. If Plaintiff wishes to have service attempted again on an unserved defendant, Plaintiff

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must file a motion identifying the unserved defendant and specifying a more detailed

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name and/or address for said defendant, or whether some other manner of service

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should be attempted.

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5. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, service must be

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accomplished by June 7, 2017. Plaintiff’s failure to effect timely service may result in

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a recommendation to the district judge for dismissal of the action and/or unserved

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defendant(s).

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Dated this 8th day of March, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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