Avery Jr v. Las Vegas Metro Police Department et al

Filing 38

ORDER Granting Plaintiff's 37 Motion for Subpoena/Service Papers to Serve Defendants. The Clerk of the Court shall issue summons to Defendants named in the Second Amended Complaint and deliver the summons to the U.S. Marshal for servi ce. Plaintiff shall have 20 days to furnish the required USM-285 forms to the U.S. Marshal.Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure service must be accomplished within ninety (90) days from the date the complaint was filed. Signed by Magistrate Judge George Foley, Jr on 2/20/2019. (Copies have been distributed pursuant to the NEF - 285 forms emailed to Plaintiff - SLD) (Additional attachment(s) added on 2/20/2019: # 1 USM 285 Form) (SLD).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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AUBREY C. AVERY, JR.,

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Case No. 2:16-cv-01774-GMN-GWF
Plaintiff,

v.

ORDER

LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,
Defendants.

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This matter is before the Court on Plaintiff’s Motion for Subpoena/Service Papers to Serve

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Defendants (ECF No. 37), filed on February 19, 2019. On January 14, 2019, the Court granted

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Plaintiff’s Motion for Leave to file Second Amended Complaint. See Order, (ECF No. 33). The

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Court instructed the Clerk of the Court to file Plaintiff’s Second Amended Complaint. Id.

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Plaintiff’s instant motion request he be provided the necessary paperwork to serve the additional

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named defendants in his second amended complaint. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Subpoena/Service Papers to Serve
Defendants (ECF No. 37) is granted.

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IT IS FURTHER ORDERED that the Clerk of the Court shall issue summons to

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Defendants named in the Second Amended Complaint and deliver the summons to the U.S.

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Marshal for service. The Clerk of the Court shall send the required USM-285 forms to Plaintiff.

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Plaintiff shall have twenty (20) days to furnish the required USM-285 forms to the U.S. Marshall

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at 333 Las Vegas Blvd. South, Suite 2058, Las Vegas, Nevada 89101. After Plaintiff receives

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copies of the completed USM-285 forms from the U.S. Marshall, he has twenty (20) days to file

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a notice with the court identifying if Defendants were served. If Plaintiff wishes to have the U.S.

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Marshall attempt service again on any unserved defendant, then a motion must be filed with the

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court identifying the unserved defendant, specifying a more detailed name and address and
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indicating whether some other manner of service should be used. Pursuant to Rule 4(m) of the

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Federal Rules of Civil Procedure, service must be accomplished within ninety (90) days from the

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date the complaint was filed.

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IT IS FURTHER ORDERED that henceforth, Plaintiff shall serve upon Defendants, or

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their attorney if they have retained one, a copy of every pleading, motion, or other document

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submitted for consideration to the Court. Plaintiff shall include with the original paper submitted

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for filing a certificate stating the date that a true and correct copy of the document was mailed to

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Defendants or their counsel. The Court may disregard paper received by a district judge,

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magistrate judge, or the Clerk which fails to include a certificate of service.

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Dated this 20th day of February, 2019.

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GEORGE FOLEY, JR.
UNITED STATES MAGISTRATE JUDGE

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