Toliver v. Las Vegas Metropolitan Police Officers et al

Filing 23

ORDER that Plaintiff George A. Toliver's Proposed Subpoena and USM-285 (ECF No. 22 ) is denied without prejudice; Toliver must complete the summons and USM-285 forms for the five unserved defendants and file them with the Court by Nov ember 18, 2019; upon receipt of the proposed summonses and completed USM-285 forms from Toliver, the clerk of court must issue the summonses and deliver the summonses, the USM-285 forms, a copy of Plaintiffs complaint (ECF No. 10 ), and a copy of this order to the U.S. Marshal for service. Signed by Magistrate Judge Daniel J. Albregts on 11/4/2019. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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GEORGE A. TOLIVER,

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Case No. 2:17-cv-02612-MMD-DJA

Plaintiff,
ORDER
v.
LAS VEGAS METROPOLITAN POLICE
OFFICER J. SOLES, et al.,
Defendants.

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This matter is before the Court on Plaintiff George A. Toliver’s Proposed Subpoena and

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USM-285 (ECF No. 22), filed on November 1, 2019. The Court previously ordered that Toliver

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complete the summons and USM-285 forms for the following defendants identified in his

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complaint, which was permitted to proceed after screening: (1) Las Vegas Metropolitan Police

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Department Officer J. Soles #15320; (2) unnamed Las Vegas Metropolitan Police Department

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Officer #15319; (3) parole officer John D. Mehalko; (4) parole sergeant E. Tanner; and (5) parole

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lieutenant Shane Brandon, and file them with the court by August 10, 2019. (ECF No. 13).

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It appears as though the summons/USM-285 were returned unexecuted for Officer J. Soles

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#15320, Officer #15319, Shane Brandon, John Mehalko, and E. Tanner. (ECF Nos. 16-17).

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Toliver was granted assistance with service on the unserved defendants permitted to proceed in

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this action as stated above. (ECF No. 20). See Fed. R. Civ. P. 4(c)(3) (providing that the court

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must order service by a United States marshal if the plaintiff is authorized to proceed in forma

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pauperis under 28 U.S.C. § 1915). In so ordering, the Court directed Toliver to complete five

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summons forms and five USM-285 forms for the five unserved defendants. Instead, Toliver filed

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one subpoena and USM-285 without specifying to which defendant it is directed. The Court will

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deny Toliver’s subpoena as improper. It refers Toliver to its prior Order (ECF No. 20) for further

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instructions.

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IT IS HEREBY ORDERED that Plaintiff George A. Toliver’s Proposed Subpoena and
USM-285 (ECF No. 22) is denied without prejudice.
IT IS FURTHER ORDERED that Toliver must complete the summons and USM-285
forms for the five unserved defendants and file them with the Court by November 18, 2019.
IT IS FURTHER ORDERED that upon receipt of the proposed summonses and

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completed USM-285 forms from Toliver, the clerk of court must issue the summonses and deliver

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the summonses, the USM-285 forms, a copy of Plaintiff’s complaint (ECF No. 10), and a copy of

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this order to the U.S. Marshal for service.

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DATED: November 4, 2019

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DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

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