Steven Floyd Voss v. Isidaro Baca et al

Filing 38

ORDER Clerk shall electronically serve copy of this order and copy of complaint 20 on AG's Office (served via NEF/NEF regeneration). Subject to 19 Screening Order, within 21 days, the AG's Office shall file notice advising Court re acceptance of service (see attached for details). Answer due within 60 days for any represented defendants. Henceforth, plaintiff shall serve upon defendants copy of every pleading submitted. Motion for Summary Judgment 37 is denied without prejudice as premature. Signed by Magistrate Judge William G. Cobb on 7/28/14. (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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STEVEN FLOYD VOSS,

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Plaintiff,
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v.
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ISIDRO BACA et al.,
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Defendants.
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___________________________________ )

3:14-cv-00066-RCJ-WGC
ORDER

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This is an action on a civil rights complaint pursuant to 42 U.S.C. § 1983, removed from

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state court. The Court entered a screening order on April 28, 2014. (ECF No. 19). The

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screening order imposed a 90-day stay and the Court entered a subsequent order in which the

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parties were encouraged to engage in informal settlement discussions. (ECF No. 19, 24). On

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July 23, 2014, the Office of the Attorney General filed a status report indicating that settlement

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has not been reached and informing the Court of its intent to proceed with this action. (ECF

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No. 36).

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On July 25, 2014, Plaintiff filed a motion for summary judgment. (ECF No. 25). The

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Court denies Plaintiff’s motion for summary judgment without prejudice. As indicated below,

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Defendants have yet to be served with the complaint. As such, Plaintiff’s motion is premature.

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Plaintiff may re-file his motion for summary judgment at a later time.

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IT IS THEREFORE ORDERED that:

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1.

The Clerk of the Court shall electronically SERVE a copy of this order and a copy

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of Plaintiff’s complaint (ECF No. 20) on the Office of the Attorney General of the State of

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Nevada, attention Kat Howe.

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2.

Subject to the findings of the screening order (ECF No. 19), within twenty-one

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(21) days 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) the

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

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to any of the named defendants for which the Attorney General’s Office cannot accept service,

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the Office shall file, under seal, the last known address(es) of those defendant(s) for whom

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it has such information.
3.

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

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file a 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 which the

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Attorney General has not provided last-known-address information, Plaintiff shall provide the

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full name and address for the defendant(s).
4.

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

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

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sixty (60) days from the date of this order.
5.

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Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has been

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entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document

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submitted for consideration by the Court. Plaintiff shall include with the original paper

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submitted for filing a certificate stating the date that a true and correct copy of the document

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was mailed to the defendants or counsel for the defendants. If counsel has entered a notice

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of appearance, Plaintiff shall direct service to the individual attorney named in the notice of

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appearance, at the address stated therein. The Court may disregard any paper received by

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a district judge or magistrate judge which has not been filed with the Clerk of the Court, and

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any paper received by a district judge, magistrate judge, or the Clerk of the Court which fails

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to include a certificate showing proper service.

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6.

Plaintiff’s motion for summary judgment (ECF No. 37) is denied without prejudice

because it is premature.

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DATED: This 28th day of July, 2014.

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_________________________________
United States Magistrate Judge

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