Miller v. LVMPD et al

Filing 101

ORDER Granting 100 Motion for US Marshals to Serve Defendants Darrington and Sgt. Albright. The Court ORDERS that, no later than 5/22/2020, Plaintiff must furnish to the U.S. Marshal summons and proof of service forms for Defendants Darrington and Albright. If Plaintiff furnishes those documents to the U.S. Marshal by 5/22/2020, the U.S. Marshal shall then attempt to serve Defendants Darrington and Albright. The Court further ORDERS that Plaintiff must file a notice with the Court ident ifying whether Defendants Darrington and Albright were served within twenty days after receiving back from the U.S. Marshal a copy of the USM-285s showing whether service has been accomplished. Signed by Magistrate Judge Nancy J. Koppe on 4/22/2020. (Attachments: # 1 USM 285)(Copies have been distributed pursuant to the NEF - cc: USM - JQC)

Case 2:17-cv-02021-RFB-NJK Document 101 Filed 04/22/20 Page 1 of 2

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DUSTON MILLER,

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Case No.: 2:17-cv-02021-RFB-NJK

Plaintiff(s),

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ORDER

v.

(Docket No. 100)
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,
Defendant(s).

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Pending before the Court is Plaintiff’s motion for an order directing the U.S. Marshal to

14 serve Defendants Darrington and Albright. Docket No. 100. The motion is properly resolved
15 without a hearing. See Local Rule 78-1.
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Litigants proceeding under in forma pauperis status have the right “to adequate assistance

17 by the U.S. Marshal in the service of summons and the complaint.” Puett v. Blandford, 912 F.2d
18 270 (9th Cir. 1990); see also Fed.R.Civ.P. 4(c)(3).
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Accordingly, the Court GRANTS Plaintiff’s motion.

Docket No. 100.

The Court

20 INSTRUCTS the Clerk of the Court to deliver Plaintiff’s USM-285s, id. at 4–5, to the U.S.
21 Marshal along with two copies of the third amended complaint, Docket No. 68. The Court
22 ORDERS that, no later than May 22, 2020, Plaintiff must furnish to the U.S. Marshal summons
23 and proof of service forms for Defendants Darrington and Albright. If Plaintiff furnishes those
24 documents to the U.S. Marshal by May 22, 2020, the U.S. Marshal shall then attempt to serve
25 Defendants Darrington and Albright. The Court further ORDERS that Plaintiff must file a notice
26 with the Court identifying whether Defendants Darrington and Albright were served within twenty
27 days after receiving back from the U.S. Marshal a copy of the USM-285s showing whether service
28 has been accomplished. If service was not accomplished and Plaintiff wishes to have service again
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Case 2:17-cv-02021-RFB-NJK Document 101 Filed 04/22/20 Page 2 of 2

1 attempted on Defendants Darrington or Albright, Plaintiff must file a separate motion with the
2 Court specifying a more detailed name or address for Defendants Darrington or Albright, or
3 whether some other manner of service should be attempted.
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IT IS SO ORDERED.

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Dated: April 22, 2020
______________________________
Nancy J. Koppe
United States Magistrate Judge

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