Jackson v. Aranas et al

Filing 20

ORDER Granting Plaintiff's 16 Motion for Court to Issue Order to U.S. Marshal to Serve Defendant Lorrie Stewart and 17 Motion to Extend Time. The Clerk of Court is directed to reissue Summons to Lorrie Stewart at the address provided under seal in ECF No. 12 and deliver same to the U.S. Marshal for service. Plaintiff has 30 days within which to furnish to the U.S. Marshal the required USM-285 form with relevant information as to Stewart. The time to effectuate service on Defen dant Stewart is extended to 12/10/2018. Signed by Magistrate Judge Cam Ferenbach on 10/10/2018. (Copies have been distributed pursuant to the NEF - 285 form mailed to Plaintiff; Complaint, Summons, and this Order hand delivered to USM - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LIONELL JACKSON,
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Plaintiff,
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vs.
ROMEO ARANAS, et al.,

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2:17-cv-00634-APG-VCF
ORDER

Defendants.

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Before the court is Plaintiff’s Motion for Court to Issue Order to U.S. Marshal to Serve Defendant

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Lorrie Stewart (ECF Nos. 16 & 17).

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On July 16, 2018, the Attorney General accepted service on behalf of Defendants Remeo Aranas

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and A. Buencamino. Service was not accepted on behalf of Defendant Lorrie Stewart. (ECF No. 11).

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Defendant Stewart’s last known address was filed under seal. Plaintiff now seeks the Court to extend time

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to effectuate service and for an order authorizing the U.S. Marshal to serve Defendant Stewart with a copy

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of the Complaint and Summons1.

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Plaintiff has given sufficient reason for the court to grant his request.

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Accordingly,

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Plaintiff’s request for the Court to issue a Summons on Defendant Lorrie Stewart
is stated in his letter in ECF NO. 15-1. Normally, any requests must be styled as
a motion. The Court considers the goal of Federal Rule of Civil Procedure
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1. The guiding premise of the Rules is that the Rules “should be
construed and administered to secure the just, speedy, and inexpensive
determination of every action.” FED. R. CIV. P. 1. Given that Plaintiff
is pro se and considering the efficiency in this matter, the Court will
consider Plaintiff’s request to issue Summons in letter form.

IT IS HEREBY ORDERED that is Plaintiff’s Motion for Court to Issue Order to U.S. Marshal to

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Serve Defendant Lorrie Stewart (ECF Nos. 16 & 17) is GRANTED.

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The Clerk of Court is directed to reissue Summons to Lorrie Stewart at the address provided under

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sealed in ECF No. 12 and deliver same to the U.S. Marshal for service. The clerk is directed to mail to

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plaintiff the USM-285 form. The clerk is directed to send copy of the Complaint, Summons, and copy of

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this order to the U.S. Marshal for service on Defendant Stewart. Plaintiff has thirty (30) days within which

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to furnish to the U.S. Marshal the required USM-285 form with relevant information as to Stewart.

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Within twenty (20) days after plaintiff receives copy of the completed USM-285 form from the

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U.S. Marshal, plaintiff must file a notice with the court stating if defendant was served. If the plaintiff

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wishes to have the U.S. Marshal attempt service again on defendant, then a motion must be filed with the

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court.

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IT IS FURTHER ORDERED that the time to effectuate service on Defendant Stewart is extended
to December 10, 2018.
DATED this 10th day of October, 2018.
_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE