Paterson v. State of Nevada ex rel. Nevada Department of Corrections et al

Filing 26

ORDER VACATING 21 Notice re 4m Dismissal. Plaintiff has up to and including July 12, 2012, in which to effectuate service on defendants Adolph Stankus and Patterson. Please see attached for further details. Signed by Judge Howard D. McKibben on 7/10/12. (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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JEFFREY S. PATERSON,

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Plaintiff,
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vs.
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PATTERSON, et al.,
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Defendants.
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_________________________________ )

3:11-cv-00845-HDM-WGC
ORDER

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The complaint in this action was screened and filed on
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December 15, 2011.

Pursuant to the screening order, however, the

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action was immediately stayed for 90 days in order to allow the
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parties to attempt to settle.

The stay expired on March 14, 2012.

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On May 14, 2012, the clerk of the court filed a notice of
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intent to dismiss two unserved defendants for failure to timely
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serve.

However, given the 90-day stay of this case, the notice of

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intent to dismiss was premature and improvidently entered.

The

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time for service of process in this case began to run once the stay
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expired.

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which to effectuate service on defendants Adolph Stankus and

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Patterson.

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intent to dismiss entered on May 14, 2012.

Plaintiff thus has up to and including July 12, 2012, in

Accordingly, the court hereby vacates the notice of

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IT IS SO ORDERED.

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DATED: This 10th day of July, 2012.

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____________________________
UNITED STATES DISTRICT JUDGE

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