Brooks v. Hubbell et al
ORDER. IT IS THEREFORE ORDERED that Plaintiff's 28 motion to attempt service of unserved defendants is granted. IT IS FURTHER ORDERED that the clerk of Court is kindly directed to: (1) deliver the summonses for Defendants D. Jane, AJ Burba, J. Castro, L. Tindell, and D. Tallman along with five copies of the complaint to the U.S. Marshals Service for service; and (2) mail Plaintiff a copy of this order. IT IS FURTHER ORDERED that Plaintiff shall have twenty-one daysuntil De cember 4, 2023in which to send the U.S. Marshals Service the required Form USM-285. Signed by Magistrate Judge Daniel J. Albregts on 11/14/2023. (Copies have been distributed pursuant to the NEF - cc: USM - Order/Complaint/Summons. Order mailed to P. ALZ)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:23-cv-00757-JAD-DJA
P. Hubbell, et al.,
Before the Court is Plaintiff James Brooks’ motion to attempt service of unserved
defendants. (ECF No. 28). Plaintiff explains that his service was unsuccessful on Reno Police
Department officers. He explains that he now has addresses for these individuals and that he has
summonses and USM-285 forms for service. However, Plaintiff did not identify which
Defendants he still needs to serve. Nonetheless, from the Court’s review of the docket, it appears
that the summonses to Defendants D. Jane, AJ Burba, J. Castro, L. Tindell, and D. Tallman were
returned unexecuted. (ECF Nos. 20, 21, 22, 23, 24). The Court thus grants Plaintiff’s motion and
will forward copies of the complaint and summonses to the U.S. Marshals Service for service.
IT IS THEREFORE ORDERED that Plaintiff’s motion to attempt service of unserved
defendants (ECF No. 28) is granted.
IT IS FURTHER ORDERED that the clerk of Court is kindly directed to: (1) deliver the
summonses for Defendants D. Jane, AJ Burba, J. Castro, L. Tindell, and D. Tallman along with
five copies of the complaint to the U.S. Marshals Service for service; and (2) mail Plaintiff a copy
of this order.
IT IS FURTHER ORDERED that Plaintiff shall have twenty-one days—until
December 4, 2023—in which to send the U.S. Marshals Service the required Form USM-285. 1
Within twenty-one days after receiving a copy of the Form USM-285 back from the U.S.
Marshals Service showing whether service has been accomplished, Plaintiff must file a notice
with the court identifying whether the defendants were served. If Plaintiff wishes to have service
again attempted on an unserved defendant, the Plaintiff must file a motion with the Court
identifying the unserved defendant and specifying a more detailed name and/or address for said
defendant or whether some other manner of service should be attempted.
DATED: November 14, 2023
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE
The deadline for Plaintiff to serve Defendants is December 26, 2023. (ECF No. 11 at 7); see
Fed. R. Civ. P. 4(m). Plaintiff has not moved to extend this deadline, and this deadline has not
yet passed, so the Court does not address the deadline here.
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