White v. Leavitt et al

Filing 11

ORDER that Plaintiff must complete service on or before 7/16/2019; the Clerk shall re-issue summons to Defendant Carey for service along with a copy of ECF No. 4 Complaint and a copy of this order (Emailed Docket Vegas for distribution); Clerk directed to send Plaintiff 1 USM-285-form (Mailed to P on 4/17/2019); Plaintiff shall have until 5/17/2019 to forward the completed USM-285 form to the U.S. Marshal; U.S. Marshal to show whether service has been accomplished; Plaintiff shall serve defendant a copy of all pleadings and include certificate of service. See order for further details. Signed by Magistrate Judge Peggy A. Leen on 4/16/2019. (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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TONEY ANTHONEY WHITE,

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Plaintiff,

ORDER

v.
MICHELLE LEAVITT, et al.,
Defendants.

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Case No. 2:18-cv-00008-JAD-PAL

This matter is before the court on Plaintiff Toney Anthoney White’s election not to file an

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amended complaint.

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§ 636(b)(1)(A) and LR IB 1-3 of the Local Rules of Practice.

This matter is referred to the undersigned pursuant to 28 U.S.C.

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Mr. White is a pretrial detainee in custody at the Clark County Detention Center

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(“CCDC”). He is proceeding in this case in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915

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and LSR 1-1 of the Local Rules of Practice. This case involves White’s allegations of civil rights

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violations pursuant to 42 U.S.C. § 1983 while he was incarcerated at CCDC. The court reviewed

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the Complaint (ECF No. 4) and determined that it stated a plausible claim for failure-to-protect

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against corrections officer Carey. Nov. 28, 2018 Screening Order (ECF No. 3). However, his

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conspiracy claim was dismissed with leave to amend by December 27, 2018, to correct pleading

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defects. Id. The court explained that this action would “proceed immediately on the failure-to-

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protect claim against Carey only” if White did not file an amended complaint. Id. at 8–9.

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Mr. White did not submit an amended complaint by the deadline. The court therefore

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entered an Order (ECF No. 5) on January 8, 2019, stating that this action will proceed against

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Defendant Carey. The Clerk of Court was directed to issue summons to Defendant Carey and mail

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White one USM-285 form to arrange for service of process. Id.

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Mr. White subsequently requested a stay of the proceedings and extension of time to file

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an amended complaint. ECF Nos. 7–8. The court denied an indefinite stay of proceedings, but

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granted an extension of the deadline to amend until March 25, 2019. Feb. 22, 2019 Order (ECF

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No. 9). The court further ordered that, if White did not to file an amended complaint by March

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25, 2019, this case would “proceed as to the failure-to-protect claim against Defendant Carey

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only,” and White would be given 90 days to serve the original Complaint (ECF No. 4) in

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accordance with Rule 4(m) of the Federal Rules of Civil Procedure.
To date, Mr. White has not filed an amended complaint or requested an extension of time

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in which to do so. The court will therefore direct service of the Complaint (ECF No. 4).1

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Accordingly,

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IT IS ORDERED:

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1. Plaintiff Toney Anthoney White is advised to carefully review Rule 4 of the Federal

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Rules of Civil Procedure in order to properly serve Defendant Carey. Pursuant to Rule

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4(m), White must complete service on or before July 16, 2019.

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2. The Clerk of Court shall re-issue summons to Defendant Carey, and deliver the

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summons and a copy of the Complaint (ECF No. 4) to the U.S. Marshal for service,

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along with a copy of this Order.
3. The Clerk of Court shall MAIL Mr. White one (1) blank USM-285 Form along with

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instructions for completing the form.

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4. By May 17, 2019, the USM must receive White’s completed USM-285 forms via mail

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to attempt service.2

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5. Once the USM-285 forms are received, the USM shall attempt service on the defendant.

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For purposes of service to CCDC corrections officers, the address of the Las Vegas Metropolitan Police
Department is:
Las Vegas Metropolitan Police Department
400 S. Martin L. King Boulevard
Las Vegas, NV 89106

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White is advised that the mailing address to send the USM-285 forms is:
U.S. Marshal Service
333 Las Vegas Boulevard South, Suite 2058
Las Vegas, NV 89101

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6. After attempting service, the USM shall file notice with the court, and serve the notice
on White, indicating whether the defendant was served.

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7. If the USM is unable to serve the defendant and Mr. White wishes to have service

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attempted again, White must timely file a motion specifying a more detailed name

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and/or address for the defendant, or whether some other manner of service should be

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attempted.

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8. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, service must be

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completed by July 16, 2019. Mr. White’s failure to complete service will result in a

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recommendation to the district judge that this case and/or the unserved defendant be

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dismissed without prejudice.

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9. From this point forward, Mr. White shall serve upon defendant or, if appearance has

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been entered by counsel, upon the attorney, a copy of every pleading, motion, or other

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document filed with the Clerk of Court pursuant to LR IC 1-1 and 4-1 of the Local

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Rules of Practice. In accordance with LR IC 4-1(d), the parties shall include with each

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filing a certificate of service stating that a true and correct copy of the document was

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served on an opposing party or counsel for an opposing party and indicating how

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service was accomplished. The court may disregard any paper received by a district

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judge or magistrate judge that has not been filed with the Clerk of Court, and any paper

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received by a district judge, magistrate judge, or the Clerk of Court that fails to include

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a certificate of service.

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Dated this 16th day of April, 2019.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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