White v. Leavitt et al

Filing 5

ORDER. IT IS ORDERED that, pursuant to 3 the Court's screening order, this action will proceed on the failure-to-protect claim against Carey only. IT IS FURTHER ORDERED that the Clerk of Court WILL ISSUE a summons for Defendant Carey, AND DEL IVER THE SAME, to the U.S. Marshal for service. IT IS FURTHER ORDERED that the Clerk WILL SEND to Plaintiff one (1) USM-285 form. Signed by Magistrate Judge Peggy A. Leen on 1/8/2019. (Copies have been distributed pursuant to the NEF - cc: USM -ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TONEY ANTHONEY WHITE,

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

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Plaintiff

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ORDER

v.
MICHELLE LEAVITT et al.,

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Defendants

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I.

DISCUSSION

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On November 28, 2018, the Court issued a screening order dismissing one claim

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with leave to amend, dismissing another claim without leave to amend, and permitting

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one claim to proceed. (ECF No. 3 at 8). The Court granted Plaintiff until December 27,

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2018, to file an amended complaint. (Id.) The Court specifically stated that if Plaintiff

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chose not to file an amended complaint, the action would proceed immediately on the

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failure-to-protect claim against Carey only. (Id. at 8-9). Plaintiff has not filed an amended

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complaint. Pursuant to the screening order, this action will proceed on the failure-to-

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protect claim against Carey only.

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that, pursuant to the Court’s screening

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order (ECF No. 3), this action will proceed on the failure-to-protect claim against Carey

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only.

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IT IS FURTHER ORDERED that the Clerk of Court WILL ISSUE a summons for

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Defendant Carey, AND DELIVER THE SAME, to the U.S. Marshal for service. The Clerk

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also WILL SEND sufficient copies of the complaint (ECF No. 4) and this order to the U.S.

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Marshal for service on Defendant.

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IT IS FURTHER ORDERED that the Clerk WILL SEND to Plaintiff one (1) USM-

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285 form. Plaintiff will have thirty (30) days within which to furnish to the U.S. Marshal

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the required USM-285 form with relevant information as to the Defendant on the form.

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Within twenty (20) days after receiving from the U.S. Marshal a copy of the USM-285

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form showing whether service has been accomplished, Plaintiff must file a notice with the

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Court identifying whether Defendant was served or not served. If Plaintiff wishes to have

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service again attempted on an unserved Defendant, then a motion must be filed with the

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Court identifying the unserved Defendant and specifying a more detailed name and/or

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address for said Defendant, or whether some other manner of service should be

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attempted.

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IT IS FURTHER ORDERED that henceforth, Plaintiff will serve upon Defendant or,

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if appearance has been entered by counsel, upon the attorney(s), a copy of every

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pleading, motion or other document submitted for consideration by the Court. Plaintiff will

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include with the original paper submitted for filing a certificate stating the date that a true

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and correct copy of the document was mailed to the Defendant or counsel for the

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Defendant. The Court may disregard any paper received by a district judge or magistrate

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judge which has not been filed with the clerk, and any paper received by a district judge,

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magistrate judge or the clerk which fails to include a certificate of service.

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DATED THIS 8th day of January, 2019.

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United States Magistrate Judge

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