Middleton v. Carrington Mortgage Holdings, LLC et al

Filing 12

ORDER Granting 10 Motion to Serve Defendant. Clerk shall send Plaintiff a USM-285 form and proposed summons. Signed by Magistrate Judge Carl W. Hoffman on 8/31/16. (Copies have been distributed pursuant to the NEF and Pursuant to Order - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ERVIN MIDDLETON,

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Plaintiff,
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v.
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CARRINGTON MORTGAGE HOLDINGS,
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LLC, et al,
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Defendants.
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_______________________________________ )

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Case No. 2:16-cv-01657-RFB-CWH

ORDER

Presently before the court is Plaintiff’s motion (ECF No. 10) to serve defendant, filed on
August 11, 2016. Defendants have not filed a response.

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Plaintiff is proceeding in forma pauperis in this matter, and represents that he mailed

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Defendant Atlantic Law Group, LLC a copy of his complaint on July 6, 2016, along with an AO 398

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form, but had received no response as of August 11, 2016. As of the date of this order, Atlantic Law

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Group has not filed a response with the court. Plaintiff requests that the court provide service on

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Defendant Atlantic Law Group, LLC. When a plaintiff is authorized to proceed in forma pauperis,

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the court must order that service be made on behalf of the plaintiff, generally by a United States

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marshal or deputy marshal. Fed. R. Civ. P. 4(c)(3).

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IT IS THEREFORE ORDERED that Plaintiff’s motion (ECF No. 10) to serve defendant is
GRANTED.

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IT IS FURTHER ORDERED that the Clerk of Court must send Plaintiff a USM-285 form

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and a proposed summons form, along with a copy of this order. Upon receipt, Plaintiff shall have

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thirty days to complete both forms with all required information and return them to the Clerk.

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IT IS FURTHER ORDERED that upon receipt of the completed USM-285 form from

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Plaintiff, the Clerk of Court must issue a summons to Atlantic Law Group, LLC, and deliver the

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summons, the USM-285, a copy of Plaintiff’s complaint (ECF No. 1, Ex. A), and a copy of this order

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to the U.S. Marshal for service on Atlantic Law Group, LLC.

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DATED: August 31, 2016.

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C.W. Hoffman, Jr.
United States Magistrate Judge