Zogheib v. Turino et al

Filing 37

ORDER granting 35 Motion to Extend Time granted to the extent that the Rule 4(m) deadline is extended for 90 days. IT IS FURTHER ORDERED the Clerk of Court must re-issue the subpoena to Kathleen Bliss in accordance with the courts previous order (ECF No. 20 ) and follow all other instructions. Signed by Magistrate Judge Daniel J. Albregts on 9/27/2020. (Copies have been distributed pursuant to the NEF - cc: subpoena to USM - HAM)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 JIHAD ANTHONY ZOGHEIB, 7 8 9 10 Case No. 2:17-cv-00873-JAD-DJA Plaintiff, ORDER v. JEFFERY TURINO, ET AL., Defendants. 11 12 This matter is before the Court on Plaintiff’s Motion to Extend Time (ECF No. 35), filed 13 on September 24, 2020. Plaintiff requests an extension of time to complete service pursuant to 14 Fed.R.Civ.P. 4(m). He indicates that he was transferred to the custody of Nevada Department of 15 Correction on October 24, 2019 and the COVID-19 pandemic is affecting access to the law 16 library. Plaintiff received the Court’s notice of intent to dismiss (ECF No. 34) and seeks an 17 extension of time to complete service and assistance from the U.S. Marshal. He does not specify 18 how much time he is requesting. 19 The Court notes that it previously granted Plaintiff’s request for assistance with service 20 via the U.S. Marshal on March 27, 2019 (ECF No. 20) and again July 24, 2019 (ECF No. 25). 21 The Court also issued a Notice of intent to dismiss pursuant to Rule 4(m) twice – on April 14, 22 2020 and August 20, 2020. As a result, this is the last opportunity for Plaintiff to complete 23 service, which the Court will assist with via the U.S. Marshal’s Office as previously done in its 24 order ECF No. 25 and grant an extension of time for 90 days to complete service. 25 26 IT IS THEREFORE ORDERED that Plaintiff’s Motion to Extend Time (ECF No. 35) is granted to the extent that the Rule 4(m) deadline is extended for 90 days. 27 IT IS FURTHER ORDERED the Clerk of Court must re-issue the subpoena to Kathleen 28 Bliss in accordance with the court’s previous order (ECF No. 20) and follow all other instructions 1 in that order related to the subpoena. Additionally, the Clerk of Court must insert an additional 2 page identifying Exhibit A. 3 4 DATED: September 27, 2020 5 6 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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