Hernandez v. Baker et al

Filing 68

ORDER directing the Clerk to issue a summons for Defendant Erik Lyons and send it to the USM with the 67 address provided under seal (delivered 5/21/2014). The Clerk shall send to Plaintiff a USM-285 form, a copy of 11 amended complaint, and a c opy of this order (mailed 5/21/2014). Plaintiff shall have 20 days to complete the USM-285 form and return it along with other necessary documents to the USM for service (by 6/10/2014). Plaintiff shall file a notice informing the court of the status of service after receiving that information from the USM. Signed by Magistrate Judge William G. Cobb on 5/21/2014. (Copies have been distributed pursuant to the NEF - KR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

INGINIO HERNANDEZ,

)
)
Plaintiff,
)
)
vs.
)
)
RENEE BAKER, et al.,
)
)
Defendants
)
________________________________________)

3:13-cv-00083-MMD-WGC
MINUTES OF THE COURT
May 21, 2014

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KATIE LYNN OGDEN REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Plaintiff previously filed a motion requesting issuance of summonses as to unserved
defendants. (Doc. # 51.) On May 1, 2014, the court ordered Defendants to file a supplemental notice
indicating whether they would accept service on behalf of unserved defendants Nurse Kelly Lyon
and Correctional officer Lyon and deferred ruling on Plaintiff's motion (Doc. # 51) insofar as it
sought service on Correctional Officer Lyon. (Doc. # 64 at 2.) The Defendants subsequently filed
their supplemental notice of acceptance of service as to Kelly Lyons (Doc. # 65.)1 The notice also
stated that the Office of the Attorney General was not authorized to accept service on behalf of
Defendant Erik Lyons. (Id.) Defendants filed the last known address of Correctional Officer Lyons
under seal (Doc. # 67.) Therefore, the court now addresses Plaintiff’s motion (Doc. # 51) insofar as
it seeks issuance of a summons and service on Correctional Officer Erik Lyons.
Good cause appearing,
IT IS HEREBY ORDERED that the Clerk shall issue a Summons for Defendant Erik Lyons
and send the same to the U.S. Marshal with the address provided under seal. (Doc. # 67.)

1

The Notice filed by Defendants corrected the spelling of last names of the defendants Plaintiff identified
as Nurse Lyon and Officer Lyon and provided their first names, i.e., Nurse Kelly Lyons and Correctional Officer
Erik Lyons. (Doc. # 65.)

MINUTES OF THE COURT
3:13-cv-00083-MMD-WGC
Date: May 21, 2014
Page 2
IT IS FURTHER ORDERED that the Clerk shall send to Plaintiff a USM-285 form, a copy
of the Amended Complaint (Doc. # 11), and a copy of this Order.
IT IS FURTHER ORDERED that Plaintiff shall have twenty (20) days from the date of
entry of this Order within which to complete the USM-285 form and return it along with other
necessary documents to the United States Marshal for service. After Plaintiff receives information
from the Marshal regarding whether or not Defendant Erik Lyons has been served, Plaintiff shall file
a Notice, forthwith, informing the court of the status of that service.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk