Yakin v. Cybulski et al

Filing 17

ORDER denying 15 Motion to Reopen Case. See order for specifics. Signed by Judge Larry R. Hicks on 6/28/11. (Copies have been distributed pursuant to the NEF - EM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PAUL M. YAKIN,

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Plaintiff,

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v.

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DR. GEORGE CYBULSKI and MICHAEL
WALSH,

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Defendants.

3:10-CV-0248-LRH-RAM
ORDER

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Before the court is plaintiff Paul M. Yakin’s (“Yakin”) motion to re-open the case.
Doc. #15.1

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On May 26, 2010, Yakin filed a medical malpractice complaint against defendants. See

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Doc. #5. On December 15, 2010, Yakin’s action was dismissed without prejudice for failure to

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serve defendants with a summons and complaint in accordance with Rule 4(m) of the Federal Rules

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of Civil Procedure. Doc. #13. Thereafter, Yakin filed the present motion to re-open this action.

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In his motion, Yakin argues that the court should re-open this action because the defendants

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were properly served prior to court’s order of dismissal. However, no proof of service has been

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filed with the court. Further, no summons were issued by the court as to the named defendants.

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Therefore, based on the record before the court, the court finds that defendants have not been

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Refers to the court’s docket number.

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served with the complaint and summons in accordance with Rule 4(m). Thus, the court finds that

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there is no basis to re-open this action and shall deny Yakin’s motion accordingly.

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IT IS THEREFORE ORDERED that plaintiffs’ motion to re-open case (Doc. #15) is
DENIED.

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IT IS SO ORDERED.

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DATED this 28th day of June, 2011.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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