Cervantes v. Las Vegas Metropolitan Police Department Detention Service Division et al

Filing 41

ORDER pursuant to ECF Nos. 34 , 35 , 36 , 37 , 38 , and 39 Proposed Summons to be issued, the Court will not issue the requested summonses for NaphCare, Nevada, LLC or Naph Care, Inc., Dr. Bitar and Nurse Rhynard; this order is without prejudice for Cervantez to take any appropriate action under the Federal Rules of Civil Procedure. Signed by Magistrate Judge Carl W. Hoffman on 2/26/2019. (Copies have been distributed pursuant to the NEF - KW)

1
2
3

UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5

***

6

LUIS CERVANTES,

7
8
9
10

Case No. 2:17-cv-00562-MMD-CWH
Plaintiff,
ORDER

v.
EDDIE SCOTT, et al.,
Defendants.

11
12
13
14

This matter is before the court on plaintiff Luis Cervantez’s proposed summonses (ECF
Nos. 34-39), filed on February 25, 2019.
Cervantez is a Nevada state-prison inmate who has brought a civil rights complaint under

15

42 U.S.C. § 1983 against various defendants for due process violations regarding dental care he

16

received while detained at Clark County Detention Center. (Compl. (ECF No. 6); Screening

17

Order (ECF No. 5).) Defendants Eddie Scott, Timothy Dorion, and Kevin Patimeteeporn were

18

served with process and have appeared in the case. (USM Return (ECF No. 12); Ans. (ECF No.

19

14).) The United States Marshal was unable to serve defendants Christian Pizan and Dr. Allan

20

Kirkwood, DDS. (USM Return (ECF No. 13).) The court extended Cervantez’s deadline to

21

serve defendants Christian Pizan and Allan Kirkwood until March 23, 2019. (Order (ECF No.

22

29).) Cervantez now requests summons for (1) Paul B. Bitar, DMD, of NaphCare (2) NaphCare

23

Nevada, LLC, (3) NaphCare, Inc., and (4) Nurse Arianna Rhynard of NaphCare. (Proposed

24

Summonses (ECF Nos. 34-39).)

25

In its screening order, the court dismissed defendant NaphCare, without prejudice, for

26

failure to state a claim. (Screening Order (ECF No. 5).) The court therefore will not issue the

27

requested summonses for NaphCare, Nevada, LLC or NaphCare, Inc. As for Dr. Bitar and Nurse

28

Rhynard, while the screening order stated that counts one through three of the complaint would

1

proceed against Doe jail officials, dentist, and nurses when Cervantez learned their identities,

2

nearly one year has passed since the complaint was filed, and Cervantez has not moved to extend

3

the deadline to serve those defendants under Rule 4(m) of the Federal Rules of Civil Procedure.

4

The court therefore will not issue the requested summonses for Dr. Bitar and Nurse Rhynard.

5

This order is without prejudice for Cervantez to take any appropriate action under the Federal

6

Rules of Civil Procedure.

7

IT IS SO ORDERED.

8
9

DATED: February 26, 2019

10
11
12

C.W. HOFFMAN, JR.
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 2 of 2