Howard v. Grierson et al
Filing
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ORDER - The Clerk is directed to serve a copy of the 8 Complaint and this order electronically upon the Attorney General's Office for the State of Nevada. The AG's office shall file notice with the court regarding representation and servi ce as outlined in the order within 21 days.Service must be perfected within 90 days of the date of this Order.A copy of this order shall be delivered to the Plaintiff (attached herein). See Order for additional instruction and detail. Signed by Magistrate Judge Elayna J. Youchah on 4/28/2021. (Copies have been distributed pursuant to the NEF - DRS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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REGINALD C. HOWARD,
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Plaintiff,
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v.
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Case No. 2:19-cv-00749-APG-EJY
STEVEN D. GRIERSON, et al.,
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ORDER
Defendants.
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This action began with a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by
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a state prisoner. The Court entered a Screening Order on November 3, 2020, and imposed a 90-day
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stay to allow the parties an opportunity to settle their dispute. ECF No. 9. The Court subsequently
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entered an Order in which the parties were assigned to the inmate mediation by a court-appointed
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mediator. ECF No. 11. On March 1, 2021, the Office of the Attorney General filed a status report
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indicating that settlement was not reached and informing the Court of its intent to proceed with this
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action. ECF No. 15. On March 3, 2021, the Court entered an Order denying Plaintiff’s application
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to proceed in forma pauperis (ECF No. 3) and ordered Plaintiff to pay the full filing fee on or before
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April 2, 2021. ECF No. 16. Plaintiff subsequently paid the full filing fee in this matter. 1 ECF No.
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18.
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IT IS THEREFORE ORDERED that:
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1.
The Clerk of the Court shall electronically SERVE a copy of this Order and a copy
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of Plaintiff’s First Amended Complaint (ECF No. 8) on the Office of the Attorney General of the
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State of Nevada, by adding the Attorney General of the State of Nevada to the docket sheet. This
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does not indicate acceptance of service.
2.
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Service must be perfected within ninety (90) days from the date of this Order pursuant
to Fed. R. Civ. P. 4(m).
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The Finance Division of the Clerk’s Office has confirmed receipt of Plaintiff’s filing fee.
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3.
Subject to the findings of the Screening Order (ECF No. 9), within twenty-one (21)
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days of the date of entry of this Order, the Attorney General’s Office shall file a notice advising the
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Court and Plaintiff of: (a) the names of the defendants for whom it accepts service; (b) the names of
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the defendants for whom it does not accept service, and (c) the names of the defendants for whom it
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is filing the last-known-address information under seal. As to any of the named defendants for whom
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the Attorney General’s Office cannot accept service, the Attorney General’s Office shall file, under
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seal, and shall not serve Plaintiff, the last known address(es) of those defendant(s) for whom it has
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such information. If the last known address of the defendant(s) is a post office box, the Attorney
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General’s Office shall attempt to obtain and provide the last known physical address(es).
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4.
If service cannot be accepted for any of the named defendant(s), Plaintiff shall file a
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motion identifying the unserved defendant(s), requesting issuance of a summons, and specifying a
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full name and address for the defendant(s). For the defendant(s) as to which the Attorney General’s
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Office has not provided last-known-address information, Plaintiff shall provide the full name and
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address for the defendant(s).
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5.
If the Attorney General’s Office accepts service of process for any named
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defendant(s), such defendant(s) shall file and serve an answer or other responsive pleading to the
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First Amended Complaint (ECF No. 8) within sixty (60) days from the date of this Order.
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6.
Plaintiff shall serve upon defendant(s) or, if an appearance has been entered by
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counsel, upon their attorney(s), a copy of every pleading, motion or other document submitted for
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consideration by the Court. If Plaintiff electronically files a document with the Court’s electronic-
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filing system, no certificate of service is required. Fed. R. Civ. P. 5(d)(1)(B); Nev. Loc. R. IC 4-
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1(b); Nev. Loc. R. 5-1. However, if Plaintiff mails the document to the Court, Plaintiff shall include
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with the original document submitted for filing a certificate stating the date that a true and correct
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copy of the document was mailed to the defendants or counsel for the defendants. If counsel has
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entered a notice of appearance, Plaintiff shall direct service to the individual attorney named in the
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notice of appearance, at the physical or electronic address stated therein. The Court may disregard
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any document received by a district judge or magistrate judge which has not been filed with the
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Clerk, and any document received by a district judge, magistrate judge, or the Clerk which fails to
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include a certificate showing proper service when required.
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7.
This case is no longer stayed.
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DATED this 28th day of April, 2021.
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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE
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