Brown v. Baca et al

Filing 19

ORDER Denying 18 Motion for Extension of Time, and to Conduct Limited Discovery. IT IS FURTHER ORDERED that, for the third and last time, Plaintiff must file with the Court a document that includes any and all information he has that will assist in identifying Defendants Jackson, Moffit, and Cantrill. Such filing must be made no later than June 18, 2024. IT IS FURTHER ORDERED that Plaintiff's failure to comply with the terms of this Order will result in a recommendation that Defendant s Jackson, Moffit, and Cantrill be dismissed from this action with prejudice. Clerk status check on 6/18/2024. Signed by Magistrate Judge Elayna J. Youchah on 6/4/2024. (For Distribution by law library.)(Copies have been distributed pursuant to the NEF - RJDG)

UNITED STATES DISTRICT COURT

1
2
3
4
5

DISTRICT OF NEVADA
Jerome Brown,

Case No. 2:23-cv-00692-CDS-EJY
ORDER

Plaintiff,

v.

Warden Baca, et al.,

6

Defendants.

7
8

Pending before the Court is Plaintiff’s Motion for Extension of Time and to Conduct Limited

9

Discovery. ECF No. 18. Plaintiff’s Motion arises from the Court’s orders requiring Plaintiff to

10

provide as much information as he can regarding three named but yet unserved Defendants who the

11

Deputy Attorney General could not identify. Plaintiff says with the extension of time and discovery

12

propounded on the Nevada Department of Corrections (“NDOC”), he will be able to identify the

13

Defendants at issue.

14

Plaintiff does not need to conduct discovery on NDOC. If Plaintiff will provide to the Court

15

“the date, time, and the capacity as to each” of these Defendants—the same information Plaintiff

16

states he will provide in a subpoena to NDOC—the Court will Order the assigned Deputy Attorney

17

General to research and locate these individuals. All Plaintiff must do is state what he knows about

18

each of the three unserved Defendants in a filing submitted to the Court as he has twice before been

19

instructed to do.

20
21

Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion for Extension of Time, and
to Conduct Limited Discovery (ECF No. 18) is DENIED.

22

IT IS FURTHER ORDERED that, for the third and last time, Plaintiff must file with the

23

Court a document that includes any and all information he has that will assist in identifying

24

Defendants Jackson, Moffit, and Cantrill. Such filing must be made no later than June 18, 2024.

25
26
27
28

1

1

IT IS FURTHER ORDERED that Plaintiff’s failure to comply with the terms of this Order

2

will result in a recommendation that Defendants Jackson, Moffit, and Cantrill be dismissed from this

3

action with prejudice.

4

DATED this 4th day of June, 2024.

5
6
7

ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2