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

Filing 29

ORDER - This action shall be dismissed without prejudice as to specified parties unless on or before September 21, 2012, there is filed with the clerk proof of service thereon. Signed by Judge Howard D. McKibben on 8/22/2012. (Copies have been distributed pursuant to the NEF - DRM)

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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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Federal Rule of Civil Procedure 4(m) provides, in part, as
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follows:
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If service of the summons and complaint is not made upon
a defendant within 120 days after the filing of the
complaint, the court, upon motion or on its own
initiative after notice to the plaintiff, shall dismiss
the action without prejudice as to that defendant or
direct that service be effected within a specified time;
provided that if the plaintiff shows good cause for the
failure, the court shall extend the time of service. . .

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The complaint in this action was screened and filed on

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December 15, 2011.

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immediately stayed for 90 days.

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2012.

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which to effectuate service on the defendants.

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of service has been filed as to defendants Adolph Stankus and

Pursuant to the screening order, the action was
The stay expired on March 14,

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

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To date, no proof

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Patterson.
Notice is hereby given that this action shall be dismissed

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without prejudice as to said parties unless on or before September

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21, 2012, there is filed with the clerk proof of service on the

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above-named parties, which service must have taken place prior to

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the expiration of the 120-day time limit set forth in Fed. R. Civ.

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P. 4(m), or good cause is shown why such service was not made in

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that period.

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Failure to comply with this notice shall result in automatic
dismissal of the action without prejudice as to said parties.

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IT IS SO ORDERED.

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DATED: This 22nd day of August, 2012.

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____________________________
UNITED STATES DISTRICT JUDGE

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