Benson v. State of Nevada et al

Filing 65

ORDER granting 41 Motion to Quash service of process. Signed by Magistrate Judge Nancy J. Koppe on 4/17/2017. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 THOMAS BENSON, 11 Plaintiff(s), 12 vs. 13 STATE OF NEVADA, et al., 14 Defendant(s). 15 ) ) ) ) ) ) ) ) ) ) Case No. 2:17-cv-00447-RFB-NJK ORDER (Docket No. 41) 16 Pending before the Court is a motion to quash service of process. Docket No. 41. Although not 17 entirely clear, it appears Plaintiff may have filed a response in opposition. Docket No. 42. Once service 18 is challenged, the plaintiff bears the burden of establishing that service was valid under Rule 4. 19 Brockmeyer v. May, 383 F.3d 798, 801 (9th Cir. 2004). Plaintiff has not satisfied that burden. 20 Accordingly, the motion to quash service of process is GRANTED. 21 IT IS SO ORDERED. 22 DATED: April 17, 2017 23 24 25 26 27 28 ______________________________________ NANCY J. KOPPE United States Magistrate Judge

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