Espinosa v. Johnson et al

Filing 93

ORDER. IT IS THEREFORE ORDERED that the USMS must attempt service on Defendant Lombardo. IT IS FURTHER ORDERED that the Clerk of Court issue a summons for Defendant Lombardo and deliver the same to the USMS for service together with one copy of ea ch of the following documents: this Order, the operative complaint (ECF No. 70 ), the Court's Screening Order (ECF No. 9 ), and the address for Defendant Lombardo filed under seal (ECF No. 86 ). IT IS FURTHER ORDERED that the Clerk of Cour t send Plaintiff one blank USM-285 form, together with a copy of this Order.IT IS FURTHER ORDERED that Plaintiff shall have until October 23, 2024 to fill out the required USM-285 form and send it to the USMS. Plaintiff must fill out the blank spa ce asking for the defendant's address by specifying that Defendant Lombardo's address is filed under seal in Case No. 2:23-cv-00125-GMN-BNW at ECF No. 86 . IT IS FURTHER ORDERED that the USMS must, in accordance with Federal Rule of Civ il Procedure 4(c)(3), attempt service on Defendant Lombardo no later than 20 days after receipt of the completed USM-285 form. IT IS FURTHER ORDERED that the USMS is to file the return of service under seal given that Defendant Lombardo's add ress shall remain sealed. IT IS FURTHER ORDERED that if Plaintiff fails to comply with this Order, Plaintiff's claims against Defendant Lombardo may be subject to dismiss for failure to complete service of process pursuant to Federal Rule of Civil Procedure 4(m). Clerk status check on 10/23/2024. Signed by Magistrate Judge Brenda Weksler on 9/23/2024. (For Distribution by law library.) (Attachments: # 1 USM 285)(Copies have been distributed pursuant to the NEF - RJDG)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BENJAMIN ESPINOSA,

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Case No. 2:23-cv-00125-GMN-BNW

Plaintiff,
ORDER
v.
CALVIN JOHNSON, et al.,

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Defendants.

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On September 18, 2024, the Nevada Attorney General’s Office indicated that they would

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not accept service for Defendant Joe Lombardo. ECF No. 85. The Office filed Defendant

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Lobardo’s service address under seal. ECF No. 86. The Court now orders Plaintiff to complete

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and return a USM-285 form to the U.S. Marshals Service so that Defendant Lombardo can be

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served. The Court directs Plaintiff to carefully follow the below instructions:

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IT IS THEREFORE ORDERED that the USMS must attempt service on Defendant
Lombardo.

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

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Lombardo and deliver the same to the USMS for service together with one copy of each of the

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following documents: this Order, the operative complaint (ECF No. 70), the Court’s Screening

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Order (ECF No. 9), and the address for Defendant Lombardo filed under seal (ECF No. 86).

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IT IS FURTHER ORDERED that the Clerk of Court send Plaintiff one blank USM-285
form, together with a copy of this Order.
IT IS FURTHER ORDERED that Plaintiff shall have until October 23, 2024 to fill out

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the required USM-285 form and send it to the USMS. Plaintiff must fill out the blank space

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asking for the defendant’s address by specifying that Defendant Lombardo’s address is filed

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under seal in Case No. 2:23-cv-00125-GMN-BNW at ECF No. 86.

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IT IS FURTHER ORDERED that the USMS must, in accordance with Federal Rule of

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Civil Procedure 4(c)(3), attempt service on Defendant Lombardo no later than 20 days after

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receipt of the completed USM-285 form.

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IT IS FURTHER ORDERED that the USMS is to file the return of service under seal
given that Defendant Lombardo’s address shall remain sealed.
IT IS FURTHER ORDERED that if Plaintiff fails to comply with this Order, Plaintiff’s

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claims against Defendant Lombardo may be subject to dismiss for failure to complete service of

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process pursuant to Federal Rule of Civil Procedure 4(m).

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DATED: September 23, 2024

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BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

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