Roberts v. Las Vegas Metropolitan Police Department et al

Filing 23

ORDER that service must be effectuated on Officers Devore, LeBlanc, and Lilienthal within 90 days from the issuance of this order. Within seven days of the issuance of this order counsel for LVMPD shall file under seal the current home addresses for Officers Devore, LeBlanc, and Lilienthal. Within 21 days of the issuance of this order Plaintiff shall furnish the United States Marshal Service with the required USM-285 forms. Signed by Magistrate Judge Nancy J. Koppe on 10/4/2018. (Copies have been distributed pursuant to the NEF - (3) 285 forms mailed to Plaintiff; 17 , 18 , and this Order hand delivered to USM - SLD)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JOSHUA ROBERTS,

Case No.: 2:18-cv-00649-APG-NJK

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Plaintiff(s),

Order

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v.
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LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,

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Defendant(s).
On September 27, 2018, the Court granted Plaintiff leave to file an amended complaint

17 naming Las Vegas Metropolitan Police Department (LVMPD) Officers Devore, LeBlanc, and
18 Lilienthal explicitly as Defendants. Docket No. 16. The amended complaint has been docketed.
19 Docket No. 17. Counsel for LVMPD has declined to accept service on these officers’ behalf. See
20 Docket No. 20. Because Plaintiff has been granted in forma pauperis status, see Docket No. 2221 2, service may be attempted through the United States Marshal Service, see, e.g., Gibbs v. Fey,
22 2017 WL 8131473, at *3 (D. Nev. Nov. 14, 2017), adopted, 2018 WL 1157544 (D. Nev. Mar. 2,
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Accordingly, the Court ORDERS as follows:

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Service must be effectuated on Officers Devore, LeBlanc, and Lilienthal within 90 days

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from the issuance of this order pursuant to Rule 4(m) of the Federal Rules of Civil

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Procedure.

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Within seven days of the issuance of this order, counsel for LVMPD shall file under

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seal the current home addresses for Officers Devore, LeBlanc, and Lilienthal or, if any

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of these officers is not currently employed with LVMPD, counsel for LVMPD shall

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file under seal a last-known address. These addresses shall remain sealed and shall not

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be provided to Plaintiff.

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The Clerk’s Office shall deliver to the United States Marshal Service the summonses

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for Officers Devore, LeBlanc, and Lilienthal (Docket No. 18), as well as three copies

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of the amended complaint.

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The Clerk’s Office shall mail Plaintiff three blank copies of the USM-285 form.

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Within 21 days of the issuance of this order, Plaintiff shall furnish the United States

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Marshal Service with the required USM-285 forms (with the addresses for Officers

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Devore, LeBlanc, and Lilienthal omitted).

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Within 21 days after receiving from the United States Marshal Service a copy of the

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USM-285 forms showing whether service has been accomplished, Plaintiff must file a

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notice with the Court identifying whether defendants were served. If Plaintiff wishes

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to have service again attempted on any unserved defendant, a motion must be filed

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identifying the unserved defendant and specifying a more detailed name and/or address

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for said defendant, or whether some other manner of service should be attempted.

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IT IS SO ORDERED.

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Dated: October 4, 2018
______________________________
Nancy J. Koppe
United States Magistrate Judge

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