Tripp v. Clark County et al

Filing 170

ORDER granting 165 Motion for Clarification. The Clerk shall supply Plaintiff with two blank USM-285 forms. The Clerk must also issue summonses under seal for Clark County and Las Vegas Metropolitan Police Department and supply such to USMS with the 169 Second Amended Complaint and a copy of this Order. Upon receipt of the USM-285 Forms from plaintiff, the US Marshal shall serve attempt service on defendants as outlined in the Order. Signed by Magistrate Judge Brenda Weksler on 9/28/2020. (Copies have been distributed pursuant to the NEF; 2 USM-285s to Plaintiff, cc: USMS - DRS) Modified on 9/29/2020 (DRS). Modified text on 9/29/2020 and corrected Judge's signature date (SLD).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JUSTIN L. TRIPP,

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Case No. 2:17-cv-1964-JCM-BNW
Plaintiff,
ORDER

v.
CLARK COUNTY, et al.,

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Defendants.

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Presently before the Court is Plaintiff’s motion for clarification of this Court’s prior order

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allowing him to amend his complaint. (ECF No. 165.) Plaintiff writes that in the Court’s prior

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order, it allowed Plaintiff to amend his complaint, including by adding defendants Clark County

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and Las Vegas Metropolitan Police Department (LVMPD). However, Plaintiff is unsure whether

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he needs serve these defendants, as they were previously dismissed from this case.

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Plaintiff must serve all Defendants. Because Plaintiff is proceeding in forma pauperis in

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this case, he may seek the assistance of the U.S Marshals Service in effectuating service.

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Accordingly, the Court will order the Clerk of Court to send Plaintiff two blank USM-285 forms,

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along with a copy of this order. Plaintiff must fill out and furnish the U.S. Marshals Service with

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the required USM-285 forms.1 On the forms, Plaintiff must fill in the Defendants’ addresses.

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IT IS THEREFORE ORDERED that Plaintiff’s motion for clarification (ECF No. 165)
is GRANTED.
IT IS FURTHER ORDERED that the Clerk of Court must send Plaintiff two blank copies
of form USM-285.

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The U.S. Marshals Service is located at 333 South Las Vegas Boulevard, Suite 2058, Las
Vegas, Nevada 89101.

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IT IS FURTHER ORDERED that Plaintiff shall have until October 19, 2020 to furnish

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the U.S. Marshals Service with the required USM-285 forms.2 On the forms, Plaintiff must fill in

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Defendants’ addresses.

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IT IS FURTHER ORDERED that the Clerk of Court must issue summonses, under seal,
to defendants Clark County and Las Vegas Metropolitan Police department.

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IT IS FURTHER ORDERED that the Clerk of Court serve a copy of this order, the sealed

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and issued summonses, and the operative complaint (ECF No. 147-1) on the U.S. Marshals Service.

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IT IS FURTHER ORDERED that upon receipt of the USM-285 forms from Plaintiff, the

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U.S. Marshal shall, in accordance with Federal Rule of Civil Procedure 4(c)(3), attempt service on

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Defendants Clark County and Las Vegas Metropolitan Police Department.
DATED: September 28, 2020

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BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

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The U.S. Marshals Service is located at 333 South Las Vegas Boulevard, Suite 2058, Las
Vegas, Nevada 89101.

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