Lancaster v. State Of Nevada

Filing 116

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Ds Washoe County, Washoe County Jail Officials, Washoe County Comptroller, Detective, Reno Police Department, Patrol Officer, Reno Police Department, President of the Board of State Prison Commissioners, and Steve Pitts are DISMISSED from this action; IT IS FURTHER ORDERED that D Steve Pitts' # 108 Motion to dismiss is DENIED as moot. Signed by Judge James C. Mahan on 3/29/2011. (Copies have been distributed pursuant to the NEF - DRM)

-RAM Lancaster v. State Of Nevada

Doc. 116

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 DOYLE D. LANCASTER, 11 Plaintiff, 12 vs. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Presently before the court is the matter of Lancaster v. State of Nevada (3:06-cv-00284-JCM -RAM). On May 18, 2006, plaintiff filed the instant complaint with this court. (Doc. #1). On February 15, 2011, the clerk of the court instructed plaintiff that the action would be dismissed as to defendants Washoe County, Washoe County Jail Officials, Washoe County Comptroller, Detective, Reno Police Department, Patrol Officer, Reno Police Department, President of the Board of State Prison Commissioners, and Steve Pitts pursuant to Federal Rule of Civil Procedure 4(m) if plaintiff it did not file proof of service of process by March 17, 2011. (Doc. #96). Federal Rule of Civil Procedure 4(m) provides: "If a defendant is not served within 120 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice." NEVADA DEPARTMENT OF CORRECTIONS, et al., Defendants. ) ) ) ) ) ) ) ) ) ) / 3:06-cv-00284-JCM-RAM ORDER

Dockets.Justia.com

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On March 18, 2011, one day after the deadline for filing proof of service, plaintiff filed with the court a response (doc. #112) to the notice of intent to dismiss pursuant to Federal Rule of Civil Procedure 4(m), which contains a handwritten notice:

Plaintiff Doyle D. Lancaster, pro se[,] notifies the Court of proper proof of service received as to each of the following defendants: (1) City of Reno, (2) Reno Police Detective Tom Broome (sic), (3) Marshal service as to Reno Police Chief Steve Pitts is not completed, (4) Washoe County and Washoe County Sheriff Michael Haley[,] (5) James Bendetti, Don Helling and Howard Skolnick in this action. (Doc. #112). The letter does not mention defendants Washoe County Jail Officials, Washoe County

9 Comptroller, Detective, Patrol Officer, President of the Board of State Prison Commissioners, or Steve 10 Pitts, all of which were mentioned in the notice of 4(m) dismissal. Accordingly, those defendants are 11 hereby dismissed from the action. 12 The only defendant mentioned in the notice of dismissal (doc. #96) to whom the letter is 13 responsive is defendant Washoe county, and the alleged proof of service is insufficient. Local Rule 5-1 14 states "[t]he proof [of service] shall show the day and manner of service and the name of the person 15 served." Plaintiff has failed to include this information in the purported notice. 16 Accordingly, 17 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants Washoe County, 18 Washoe County Jail Officials, Washoe County Comptroller, Detective, Reno Police Department, Patrol 19 Officer, Reno Police Department, President of the Board of State Prison Commissioners, and Steve Pitts 20 be, and the same hereby are, DISMISSED from this action; 21 IT IS FURTHER ORDERED that defendant Steve Pitts' motion to dismiss (doc. #108) is 22 DENIED as moot. 23 Dated this 29th day of March, 2011. 24 25 26 UNITED STATES DISTRICT JUDGE

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