Barnes v. Las Vegas Metropolitan Police Department Detention Service Division et al

Filing 28

ORDER. IT IS ORDERED that 25 Plaintiff John Dewayne Barnes' Motion to Substitute the True Name of Doe Defendant(s) is GRANTED. IT IS FURTHER ORDERED that ECF No. 25 shall be filed by the Clerk of the Court as the "Operative Complai nt." IT IS FURTHER ORDERED that the Clerk of Court will issue a summons for Defendant Lana Robinson, and deliver the same, to the U.S. Marshal for service. See Order for further specifications/deadlines. Signed by Magistrate Judge Elayna J. Youchah on 9/4/2019. (Copies have been distributed pursuant to the NEF - cc: USM w/ copy of Operative Complaint; Encl.: USM 285 form - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOHN DEWAYNE BARNES,

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Case No. 2:18-CV-00168-RFB-EJY

Plaintiff,
ORDER

v.
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT DETENTION SERVICES
DIVISION, et al.,

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Defendants.

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Before the Court is Plaintiff John Dewayne Barnes’ Motion to Substitute the True Name of

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Doe Defendant(s) (ECF No. 25). No opposition having been timely filed, and good cause appearing,

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IT IS HEREBY ORDERED that Plaintiff John Dewayne Barnes’ Motion to Substitute the

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True Name of Doe Defendant(s), ECF No. 25, is GRANTED.
IT IS FURTHER ORDERED that ECF No. 25 shall be filed by the Clerk of the Court as
the “Operative Complaint.”

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IT IS FURTHER ORDERED that the Answer to the Complaint (ECF No. 8) filed by

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previously served Defendants shall be deemed the Answer to the Operative Complaint as defined in

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this Order.

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IT IS FURTHER ORDERED that the Clerk of Court will issue a summons for Defendant

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Lana Robinson, and deliver the same, to the U.S. Marshal for service. The Clerk also will send a

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copy of the Operative Complaint (ECF No. 25) and a copy of this Order to the U.S. Marshal for

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service on Defendant Robinson.

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IT IS FURTHER ORDERED that the Clerk will send to Plaintiff one (1) USM-285 form.

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Plaintiff will have thirty (30) days within which to furnish to the U.S. Marshal the required USM-

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285 form with relevant information as to the Defendant on the form. Within twenty (20) days after

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receiving from the U.S. Marshal a copy of the USM-285 form showing whether service has been

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accomplished, Plaintiff must file a notice with the Court identifying whether Defendant Robinson
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was served. If Plaintiff wishes to have service again attempted on Defendant Robinson, then a

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motion must be filed with the Court specifying a more detailed name and/or address for Defendant

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Robinson, or whether some other manner of service should be attempted.

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IT IS FURTHER ORDERED that, consistent with the Court’s previous Order, Plaintiff

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shall serve upon Defendants or, if appearance has been entered by counsel, upon the attorney(s), a

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copy of every pleading, motion or other document submitted for consideration by the Court. Plaintiff

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

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correct copy of the document was mailed to the Defendants or counsel for the Defendants. The Court

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may disregard any paper received by a district judge or magistrate judge which has not been filed

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with the clerk, and any paper received by a district judge, magistrate judge or the clerk which fails

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to include a certificate of service.

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IT IS FURTHER ORDERED that pursuant to Plaintiff’s obligation to serve by mail each

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Defendant and/or Defendants’ Counsel, Robert W. Freeman, with Lewis Brisbois Bisgaard &

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Smith, LLP, 6385 S. Rainbow Boulevard, Suite 600, Las Vegas, Nevada 89118, a copy of all

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pleadings, motions or other documents submitted for consideration by the Court, as originally stated

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by the Court in ECF No. 3 granting Plaintiff’s Application to Proceed In Forma Pauperis and

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ordering that Plaintiff’s Complaint be filed, Plaintiff shall mail a copy of this Order and a copy of

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Plaintiff’s Motion to Substitute the True Name of Doe Defendant to Robert W. Freeman, at the

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address stated above within fifteen (15) days of receiving a copy of this Order.

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DATED: September 4, 2019

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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