Bradley v. McCarter

Filing 15

ORDER - The Clerk is directed to serve a copy of the 4 Complaint (NEF regenerated) 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 repres entation and service as outlined in the order within 21 days. If service is accepted for any defendant, Answer shall be due 1/18/2022Remaining Service must be perfected by 2/17/2022.A copy of this order shall be delivered to the Plaintiff (attached herein). See Order for additional instruction and detail. Signed by Magistrate Judge Nancy J. Koppe on 11/19/2021. (Copies have been distributed pursuant to the NEF - DRS) Modified on 11/19/2021 (DRS).

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 UNIQUI BRADLEY, 6 7 8 Case No. 2:20-cv-02077-KJD-NJK Plaintiff ORDER v. RAQUEL L. MCCARTER, et al., 9 Defendants 10 11 This action is a pro se civil -rights complaint filed under 42 U.S.C. § 1983 by a former 12 state prisoner. Previously, the Court granted Plaintiff Uniqui Bradley leave to proceed without 13 prepaying fees or costs under 28 U.S.C. § 1915(a)(1). Docket No. 3.1 On July 22, 2021, the Court 14 entered an order screening Bradley’s civil-rights complaint. Id. The screening order imposed a 15 90-day stay and the Court entered a subsequent order assigning the case to mediation by a court- 16 appointed mediator. Docket Nos. 3, 8. The Office of the Attorney General has filed a status report 17 indicating that settlement was not reached and informing the Court of its intent to proceed with 18 this action. Docket No. 14. 19 IT IS THEREFORE ORDERED that: 20 1. 21 22 Bradley is permitted to maintain this action to conclusion without the necessity of prepayment of any additional fees or costs or the giving of security therefor. 2. The Clerk of the Court will electronically SERVE a copy of this order and a copy 23 of Bradley’s complaint, Docket No. 4, on the Office of the Attorney General of the State of 24 Nevada, by adding the Attorney General of the State of Nevada to the docket sheet. This does not 25 indicate acceptance of service. 26 3. Service must be perfected no later than February 17, 2022. Fed. R. Civ. P. 4(m). 27 28 1 Bradley is not subject to the requirements of 28 U.S.C. § 1915(a)(2), (b) because she is no longer a “prisoner” within the meaning of the statute. See 28 U.S.C. § 1915(h). 1 4. Subject to the findings of the screening order, Docket No. 3, no later than December 2 10, 2021, the Attorney General’s Office will file a notice advising the Court and Bradley of: (a) 3 the names of the defendants for whom it accepts service; (b) the names of the defendants for whom 4 it does not accept service, and (c) the names of the defendants for whom it is filing the last-known- 5 address information under seal. As to any of the named defendants for whom the Attorney 6 General’s Office cannot accept service, the Office will file, under seal, but will not serve Bradley 7 the last known address(es) of those defendant(s) for whom it has such information. If the last 8 known address of the defendant(s) is a post office box, the Attorney General's Office will attempt 9 to obtain and provide the last known physical address(es). 10 5. If service cannot be accepted for any of the named defendant(s), Bradley will file a 11 motion identifying the unserved defendant(s), requesting issuance of a summons, and specifying 12 a full name and address for the defendant(s). For the defendant(s) as to which the Attorney General 13 has not provided last-known-address information, Bradley will provide the full name and address 14 for the defendant(s). 15 6. If the Attorney General accepts service of process for any named defendant(s), such 16 defendant(s) will file and serve an answer or other response to the complaint no later than January 17 18, 2022. 18 7. Bradley shall serve upon defendant(s) or, if an appearance has been entered by 19 counsel, upon their attorney(s), a copy of every pleading, motion or other document submitted for 20 consideration by the Court. If Bradley electronically files a document with the Court’s electronic- 21 filing system, no certificate of service is required. Fed. R. Civ. P. 5(d)(1)(B); Nev. Loc. R. IC 4- 22 1(b); Nev. Loc. R. 5-1. However, if Bradley mails the document to the Court, she must include 23 with the original document submitted for filing a certificate stating the date that a true and correct 24 copy of the document was mailed to the defendants or counsel for the defendants. If counsel has 25 entered a notice of appearance, Bradley must direct service to the individual attorney named in the 26 notice of appearance, at the physical or electronic address stated therein. The Court may disregard 27 -2- 28 1 any document received by a district judge or magistrate judge that has not been filed with the 2 Clerk, and any document received by a district judge, magistrate judge, or the Clerk that fails to 3 include a certificate showing proper service when required. 4 8. This case is no longer stayed. 5 Dated: November 19, 2021. 6 7 8 Nancy J. Koppe United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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