Acosta vs LeGrande et al

Filing 28

ORDER Clerk shall electronically serve copy of this order and copy of amended complaint 8 on AG, attn Pamela Sharp (service completed 1/10/13). Within 21 days, AG to advise court regarding service (see order for instructions). Answer due within 30 days for any defendants represented. Signed by Magistrate Judge William G. Cobb on 1/10/13. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ARTURO E. ACOSTA,

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Plaintiff,
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vs.
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LAGRANDE, et al.,
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Defendant(s)
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_____________________________ _____)

3:11-cv-00030-LRH-WGC

ORDER

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This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. On August 25, 2011,

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the court issued an order staying this case for ninety days. (Doc. # 18.) On November 28, 2011, at the

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expiration of the stay, Defendants filed their 90 Day Status Report which noted the parties did not have

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any settlement discussions and that the office of the Attorney General intended to proceed with the

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action. (Doc. # 23 at 2.) A review of the docket herein was prompted by plaintiff’s filing of a letter

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requesting he be informed of the status of his case. (Doc. # 36.) Although the docket herein reflects

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the filing of Defendants’ Acceptance of Service, it was “for the limited purpose of settlement

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discussions.” (Doc. # 21.) It appearing to the court that no order was entered directing that service

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be effected herein,

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IT IS HEREBY ORDERED:

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1.

The Clerk shall electronically SERVE a copy of this order and a copy of plaintiff’s

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First Amended Complaint (Doc. # 8) on the Office of the Attorney General of the State

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of Nevada, attention Pamela Sharp.

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2.

Subject to the findings of the screening order (Doc. # 11), within twenty-one (21) days

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of the date of entry of this order, the Attorney General’s Office shall file a notice

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advising the court and plaintiff of: (a) the names of the defendants for whom it accepts

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service; (b) the names of the defendants for whom it does not accept service, and (c)

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the names of the defendants for whom it is filing last-known-address information under

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seal. As to any of the named defendants for which the Attorney General’s Office

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cannot accept service, the Office shall file, under seal, the last known address(es) of

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those defendant(s) for whom it has such information.

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6.

If service cannot be accepted for any of the named defendant(s), plaintiff shall file a

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motion identifying the unserved defendant(s), requesting issuance of a summons, and

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specifying a full name and address for the defendant(s). For the defendant(s) as to

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which the Attorney General has not provided last-known-address information, plaintiff

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shall provide the full name and address for the defendant(s).

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7.

If the Attorney General accepts service of process for any named defendant(s), such

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defendant(s) shall file and serve an answer or other response to the complaint within

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thirty (30) days from the date of this order.

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IT IS SO ORDERED.

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DATED: January 10, 2013.

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_____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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