Matlean v. Dzurenda et al

Filing 38

ORDER. IT IS ORDERED that the deadline to serve defendants Jo Gentry, Dr. Koehn, Dr. Vicuna, and SL Clark is extended to 9/23/2019. IT IS FURTHER ORDERED that the clerk of court must issue the attached summonses and deliver the summonses, the attached USM-285 forms, and the complaint (ECF No. 7) to the United States marshal for service. Proof of service due by 9/23/2019. Signed by Magistrate Judge Carl W. Hoffman on 7/24/2019. (Copies have been distributed pursuant to the NEF - JQC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JAMES KW MATLEAN,

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Plaintiff,
ORDER

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Case No. 2:17-cv-01461-KJD-CWH

v.
JAMES DZURENDA, et al.,

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Defendants.

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This matter is before the court on the attached USM-285 forms and summonses that were

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received by the court on April 23, 2019. The forms were completed by pro se plaintiff James

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Matlean and are dated April 15, 2019.
On January 10, 2019, the court ordered the United States Marshal to assist Matlean with

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service on Jo Gentry, Dr. Koehn, Dr. Vicuna, and SL Clark under Rule 4(c)(3) of the Federal

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Rules of Civil Procedure. (Order (ECF No. 23).) The court further ordered the clerk of court to

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mail to Matlean the paperwork required for the U.S. Marshal to assist with service. (Id.) The

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court extended the time for service on Jo Gentry, Dr. Koehn, Dr. Vicuna, and SL Clark for an

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additional 90 days from the date of the order, making the service deadline April 10, 2019. (Id.)

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Matlean’s court-ordered deadline for returning the summons forms and USM-285 forms to the

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court was January 31, 2019. (Id.)

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On April 2, 2019, Matlean moved for an extension of time to serve the summonses,

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among other things, stating that he was placed in segregation on January 16, 2019, and he did not

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have access to his legal documents. (Mot. (ECF No. 32).) Matlean requests a 60-day extension

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of time to serve these defendants. The court will enter a separate order granting Matlean’s motion

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for extension of time because that motion also raises various other issues.

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Based on Matlean’s representations regarding his difficulty in prosecuting this case while

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in segregation, the court in its discretion finds there is good cause to extend the deadline to serve

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Jo Gentry, Dr. Koehn, Dr. Vicuna, and SL Clark to September 23, 2019.

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IT IS THEREFORE ORDERED that the deadline to serve defendants Jo Gentry, Dr.
Koehn, Dr. Vicuna, and SL Clark is extended to September 23, 2019.

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IT IS FURTHER ORDERED that the clerk of court must issue the attached summonses

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and deliver the summonses, the attached USM-285 forms, and the complaint (ECF No. 7) to the

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United States marshal for service.

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DATED: July 24, 2019

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

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