Hooks v. Bannister et al

Filing 179

ORDER denying 178 Motion for District Judge to Reconsider Order and dismissing case without prejudice as to Defendants Carmazzi, Michael Byrne, and Boss under Rule 4(m). Clerk shall close case. Signed by Judge Robert C. Jones on 8/26/15. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 7 8 9 10 11 ______________________________________ ) ) JERRY HOOKS, ) ) Plaintiff, ) ) vs. ) ) BRUCE BANNISTER et al., ) ) Defendants. ) ) 3:12-cv-00682-RCJ-WGC ORDER 12 This is a prisoner civil rights case. The Court recently adopted recommendations of the 13 14 Magistrate Judge to: deny Plaintiff’s motion for a preliminary injunction; grant Defendants’ 15 motion for summary judgment; and deny Plaintiff’s motion to strike certain exhibits to 16 Defendants’ motion. Plaintiff has asked the Court to reconsider. The Court declines to 17 reconsider. The Court also demanded that Plaintiff prove by August 21, 2015 that certain 18 Defendants had been served with the Amended Complaint within 120 days of April 15, 2013, on 19 pain of dismissal without prejudice under Rule 4(m). Plaintiff has provided no proof of service. 20 /// 21 /// 22 /// 23 /// 24 1 of 2 CONCLUSION 1 2 IT IS HEREBY ORDERED that the Motion to Reconsider (ECF No. 178) is DENIED. 3 IT IS FURTHER ORDERED that the case is DISMISSED WITHOUT PREJUDICE as 4 against Defendants Carmazzi, Michael Byrne, and Boss under Rule 4(m). 5 IT IS FURTHER ORDERED that the Clerk shall close the case. 6 IT IS SO ORDERED. 7 Dated this 26th day August, 2015. Dated this 24th day of of August, 2015. 8 9 _____________________________________ ROBERT C. JONES United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 of 2

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