Reed v. Nevada Dept of Corrections et al

Filing 50

ORDER - # 43 Motion to substitute party is GRANTED. # 40 Motion for summons is GRANTED. The Clerk shall modify the docket sheet to reflect the correct name of the defendant listed as "Isbah" to Agnes Horn. The Clerk shall ISSUE sum monses for Adam Watson, Kay Weiss, Drugh Waggener, and Kenneth Webb and send the same to USM together with # 37 address under seal; and copies of # 30 Screening order, and # 31 Amended Complaint for each D. ( Summons and docs to USM on 2/18/201 5. ) Clerk shall SEND P four UMS-285 forms, and P shall return same to USM by 3/6/2015.) ( Form mailed to P 2/18/2015. ) Signed by Magistrate Judge Valerie P. Cooke on 2/18/2015. (Copies have been distributed pursuant to the NEF - DRM) (Main Document 50 replaced on 2/18/2015 to correct typographical error) (DRM). Modified on 2/18/2015 (DRM).

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
MAX REED II,

)
)
Plaintiff,
)
)
vs.
)
)
NEVADA DEPARTMENT OF
)
CORRECTIONS, et al.,
)
)
Defendants.
)
_____________________________ )
PRESENT:

3:14-CV-0313-MMD (VPC)
MINUTES OF THE COURT
February 18, 2015

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Defendants filed a motion requesting substitution of party (#43). By this motion,
defendants have more properly identified the defendant in Count IV of plaintiff’s first amended
complaint as Agnes Horn. Defendants have requested that the court substitute the defendant that
plaintiff thought was named “Isbah” to Agnes Horn. No opposition was filed. Pursuant to Local
Rule 7-2(d), the failure of an opposing party to file points and authorities in response to any
motion shall constitute a consent to the granting of the motion. Therefore, defendants’ motion
requesting substitution of party (#43) is GRANTED. The Clerk shall modify the docket sheet to
reflect the correct name of the defendant listed as “Isbah.”
Plaintiff’s motion requesting issuance of summons for unserved defendants (#40) is
GRANTED. The Office of the Attorney General did not accept service of process on behalf of
Adam Watson, Kay Weiss, Drugh Waggener, or Kenneth Webb, who are no longer an
employees of the Nevada Department of Corrections (#36). However, the Attorney General has
filed the last known addresses of these defendants under seal (#37).
The Clerk shall ISSUE summonses for Adam Watson, Kay Weiss, Drugh Waggener,
and Kenneth Webb and send the same to the U.S. Marshal with the address provided under seal
(#37). The Clerk shall SEND to plaintiff four USM-285 forms. The Clerk shall SEND
sufficient copies of the amended complaint (#31), the screening order (#30), and this order to the
U.S. Marshal for service on the defendants. Plaintiff shall have until Friday, March 6, 2015 to
complete the USM-285 service form and return to the U.S. Marshal at 400 S. Virginia Street, 2nd
Floor, Reno, NV 89501 for service.

If plaintiff fails to follow this order, the above-listed defendants will be dismissed for
failure to complete service of process pursuant to Fed.R.Civ.P. 4(m).
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk