Cervantes v. Las Vegas Metropolitan Police Department Detention Service Division et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LUIS CERVANTES,
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Case No. 2:17-cv-00562-MMD-CWH
Plaintiff,
ORDER
v.
EDDIE SCOTT, et al.,
Defendants.
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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
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42 U.S.C. § 1983 against various defendants for due process violations regarding dental care he
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received while detained at Clark County Detention Center. (Compl. (ECF No. 6); Screening
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Order (ECF No. 5).) Defendants Eddie Scott, Timothy Dorion, and Kevin Patimeteeporn were
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served with process and have appeared in the case. (USM Return (ECF No. 12); Ans. (ECF No.
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14).) The United States Marshal was unable to serve defendants Christian Pizan and Dr. Allan
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Kirkwood, DDS. (USM Return (ECF No. 13).) The court extended Cervantez’s deadline to
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serve defendants Christian Pizan and Allan Kirkwood until March 23, 2019. (Order (ECF No.
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29).) Cervantez now requests summons for (1) Paul B. Bitar, DMD, of NaphCare (2) NaphCare
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Nevada, LLC, (3) NaphCare, Inc., and (4) Nurse Arianna Rhynard of NaphCare. (Proposed
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Summonses (ECF Nos. 34-39).)
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In its screening order, the court dismissed defendant NaphCare, without prejudice, for
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failure to state a claim. (Screening Order (ECF No. 5).) The court therefore will not issue the
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requested summonses for NaphCare, Nevada, LLC or NaphCare, Inc. As for Dr. Bitar and Nurse
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Rhynard, while the screening order stated that counts one through three of the complaint would
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proceed against Doe jail officials, dentist, and nurses when Cervantez learned their identities,
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nearly one year has passed since the complaint was filed, and Cervantez has not moved to extend
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the deadline to serve those defendants under Rule 4(m) of the Federal Rules of Civil Procedure.
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The court therefore will not issue the requested summonses for Dr. Bitar and Nurse Rhynard.
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This order is without prejudice for Cervantez to take any appropriate action under the Federal
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Rules of Civil Procedure.
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IT IS SO ORDERED.
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DATED: February 26, 2019
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C.W. HOFFMAN, JR.
UNITED STATES MAGISTRATE JUDGE
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