Dryden v. State of Nevada et al

Filing 42

ORDER Service must be perfected within ninety (90) days from the date of this order. Subject to the findings of the screening order (ECF No. 34), within twentyone (21) days of the date of entry of this order, the Attorney General's Office shall file a notice advising the Court (see order for details). This case is no longer stayed. Signed by Magistrate Judge George Foley, Jr on 8/20/2018. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BRYAN DRYDEN,

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Case No. 2:16-cv-01227-JAD-GWF
Plaintiff,

ORDER

v.
STATE OF NEVADA et al.,

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Defendants.

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This is an action on a fourth amended civil rights complaint pursuant to 42 U.S.C.

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§ 1983, removed from state court. The Court entered a screening order on May 22, 2018.

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(ECF No. 34). The screening order imposed a 90-day stay and the Court entered a

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subsequent order in which the parties were assigned to mediation by a court-appointed

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mediator. (ECF Nos. 34, 39). The Office of the Attorney General has filed a status report

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indicating that settlement has not been reached and informing the Court of its intent to

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proceed with this action. (ECF No. 41).

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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

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a copy of Plaintiff’s fourth amended complaint (ECF No. 35) on the Office of the Attorney

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General of the State of Nevada, by adding the Attorney General of the State of Nevada

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to the docket sheet. This 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

pursuant to Fed. R. Civ. P. 4(m)

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3.

Subject to the findings of the screening order (ECF No. 34), within twenty-

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one (21) days of the date of entry of this order, the Attorney General’s Office shall file a

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notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it

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accepts service; (b) the names of the defendants for whom it does not accept service,

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and (c) the names of the defendants for whom it is filing the last-known-address

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information under seal. As to any of the named defendants for whom the Attorney

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General’s Office cannot accept service, the Office shall file, under seal, but shall not serve

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the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such

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information. If the last known address of the defendant(s) is a post office box, the Attorney

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General's Office shall attempt to obtain 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

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shall file a motion identifying the unserved defendant(s), requesting issuance of a

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summons, and specifying a full name and address for the defendant(s).

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defendant(s) as to which the Attorney General has not provided last-known-address

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information, Plaintiff shall provide the full name and address for the defendant(s).

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5.

For the

If the Attorney General accepts service of process for any named

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defendant(s), such defendant(s) shall file and serve an answer or other response to the

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fourth amended complaint 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

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been entered by counsel, upon their attorney(s), a copy of every pleading, motion or other

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document submitted for consideration by the Court. Plaintiff shall include with the original

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document submitted for filing a certificate stating the date that a true and correct copy of

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the document was mailed or electronically filed to the defendants or counsel for the

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defendants. If counsel has entered a notice of appearance, Plaintiff shall direct service

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to the individual attorney named in the notice of appearance, at the physical or electronic

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address stated therein. The Court may disregard any document received by a district

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judge or magistrate judge which has not been filed with the Clerk of the Court, and any

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document received by a district judge, magistrate judge, or the Clerk of the Court which

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fails to include a certificate showing proper service.
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This case is no longer stayed.

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DATED THIS 20th day of August, 2018
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2018.

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UNITED STATES MAGISTRATE JUDGE

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