Wright v. Nevada Department of Corrections et al

Filing 13

ORDER directing Clerk to e-serve copies of this order and Plaintiff's 8 complaint on the NV AG, Attn: Kat Howe (NEFs sent 9/5/2014). AG to advise Court and Plaintiff within 21 days regarding service; Plaintiff to file a motion identifying un served defendants if the AG does not accept service. Answer due within 60 days for any defendants for whom service is accepted. Plaintiff shall serve defendants copy of all pleadings and include certificate of service. See order for further details. Signed by Magistrate Judge William G. Cobb on 9/5/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANTHONY WRIGHT,

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Plaintiff,

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v.
NEVADA DEPARTMENT OF
CORRECTIONS et al.,

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Defendants.
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3:14-cv-232-RCJ-WGC
ORDER

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This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state

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prisoner. Plaintiff paid the full filing fee in this matter. (ECF No. 3). The Court entered a

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screening order on June 6, 2014. (ECF No. 7). The screening order imposed a 90-day stay

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and the Court entered a subsequent order in which the parties were encouraged to engage

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in informal settlement discussions. (ECF No. 7, 9). The Office of the Attorney General has

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filed a status report indicating that settlement has not been reached and informing the Court

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of its intent to proceed with this action. (ECF No. 12).

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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. 8) 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. 7), 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.

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3.

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).

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4.

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.

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5.

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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DATED: This 5th day of September, 2014.

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_________________________________
United States Magistrate Judge

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