Green v. High Desert State Prison Medical Department et al
Filing
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ORDER. IT IS ORDERED that 25 plaintiff Frederic Green's renewed Motion Requesting Issuance of a Summons for Unserved Defendants is GRANTED.IT IS FURTHER ORDERED that the clerk of court must ISSUE the summons.IT IS FURTHER ORDERED that the clerk of court must send to plaintiff a blank USM-285 form, along with a copy of this order. IT IS FURTHER ORDERED that plaintiff must complete the USM-285 form and file it with the court by 2/20/2018. Signed by Magistrate Judge Carl W. Hoffman on 1/29/2018. (Copies have been distributed pursuant to the NEF - MR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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FREDERIC GREEN,
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Plaintiff,
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vs.
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HIGH DESERT STATE PRISON MEDICAL
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DEPARTMENT, et al.,
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Defendants.
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__________________________________________)
Case No. 2:17-cv-00090-APG-CWH
ORDER
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Presently before the court is plaintiff Frederic Green’s renewed Motion Requesting Issuance
of a Summons for Unserved Defendants (ECF No. 25), filed on January 19, 2018.
Following the inmate early mediation in this case, the court ordered the Attorney General to
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provide the names of defendants for whom the Nevada Department of Corrections (“NDOC”)
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would accept service of process. (Order (ECF No. 20).) The court further ordered the Attorney
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General to provide the names of defendants for whom it would not accept service. (Id.) For any
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unserved defendants, the court ordered Green to file a motion identifying those defendants,
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requesting issuance of a summons, and specifying those defendants’ full names and addresses. (Id.)
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The Attorney General filed the court-ordered notice, which stated that the NDOC was
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unable to accept service for Dr. George Dennis Leaks and that it does not maintain a personnel file
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for this defendant and therefore does not have his last known address. (Notice (ECF No. 22).)
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Green now requests that the court issue a summons for Dr. George Dennis Leaks, stating that his
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address is 2120 East Calvada Boulevard, Pahrump, Nevada, 89048. Given that Green has provided
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the required information, the court will grant his motion.
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IT IS THEREFORE ORDERED that plaintiff Frederic Green’s renewed Motion Requesting
Issuance of a Summons for Unserved Defendants (ECF No. 25) is GRANTED.
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IT IS FURTHER ORDERED that the clerk of court must ISSUE the summons.
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IT IS FURTHER ORDERED that the clerk of court must send to plaintiff a blank USM-285
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form, along with a copy of this order.
IT IS FURTHER ORDERED that plaintiff must complete the USM-285 form and file it
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with the court by February 20, 2018. Upon receipt of the USM-285 form from plaintiff, the court
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will enter an additional order directing the clerk of court to deliver the summons, the completed
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USM-285 form, a copy of plaintiff’s amended complaint (ECF No. 4), and a copy of this order to
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the U.S. Marshal for service.
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DATED: January 29, 2018
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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge
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