Snow v. Mar et al

Filing 70

ORDERED that the # 68 Motion to Reconsider is GRANTED : Plaintiff shall have until 2/25/2016 to serve Correctional Medical Services, Inc. Signed by Judge Robert C. Jones on 1/25/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
______________________________________
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JOHN OLIVER SNOW,
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Plaintiff,
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vs.
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DAVID A. MAR et al.,
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Defendants.
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3:14-cv-00290-RCJ-VPC
ORDER

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The Court recently dismissed Defendant Correctional Medical Services, Inc. without

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prejudice under Rule 4(m). Plaintiff has asked the Court to reconsider, arguing that he never

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received the November 3, 2015 Notice of Intent to Dismiss (the “Notice”) (ECF No. 66). As

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evidence, Plaintiff attaches a copy of his December 8, 2015 request to prison officials for a list of

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all of his legal mail since November 3, 2015. (See Inmate Request Form, ECF No. 68, at 4). In

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that request, Plaintiff claimed that he never received any mail from the Court in November 2013,

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but only from the Attorney General and Attorney Potter (who has never represented Plaintiff in

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the present case). (See id.). Prison officials responded on the form that Plaintiff had also

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received mail from the Federal Public Defender on November 9, 2015 (the FPD does not

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represent Plaintiff in this case). (See id.). The log Plaintiff received in response is also attached,

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and it indicates that the legal mail received since November 3, 2015 was from the Attorney

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General, Attorney Potter, and this Court. (See Log, ECF No. 68, at 5). The only piece of legal

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mail from this Court was received on December 7, 2015. (See id.). That piece of mail was

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almost certainly the December 4, 2015 Order of Dismissal (ECF No. 67), not the November 3,

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2015 Notice. Moreover, the electronic docket entry for the Notice does not contain the standard

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language “(Copies have been distributed pursuant to the NEF)” that appears on the orders and

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minute orders issued in the case. The Court finds that it is more likely than not that Plaintiff was

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never sent a copy of the Notice, and he has therefore demonstrated good cause for the Court to

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reconsider.
CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Reconsider (ECF No. 68) is GRANTED.

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IT IS HEREBY ORDERED that Plaintiff shall have an additional thirty (30) days from

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the date this Order is entered into the electronic docket to serve Correctional Medical Services,

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Inc.

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IT IS SO ORDERED.
DATED this 25th day of January, 2016.
Dated this 29th day of December, 2015.

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_____________________________________
ROBERT C. JONES
United States District Judge

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