Mwanza v. Foster et al

Filing 59

ORDER DENYING # 58 Motion. Plaintiff is reminded that he has until December 31, 2015, to renew his motion for service by publication in accordance with this Court's # 56 Order. Signed by Magistrate Judge William G. Cobb on 12/11/2015. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

TACUMA J. MWANZA,

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Plaintiff,
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vs.
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FOSTER, et al.,
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Defendants.
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________________________________________)

3:14-cv-00331-MMD-WGC
MINUTES OF THE COURT
December 11, 2015

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:
Before the court is Plaintiff’s “Motion Requesting Issuance of Summons on the Defendant
Bothe at Second Address Under Seal.” (ECF No. 58.) Plaintiff states that he was not aware that a
second address for this defendant existed and therefore requests an order to serve the defendant at
the second address under seal “which would make the Magistrate Judge’s Order for Plaintiff to
renew his Motion for Service by Publication Moot [Doc. # 56].” (Id., at 2.)
The court this date inquired of the U.S. Marshal’s Office as to which addresses service was
attempted. The court was informed that service was directed to both addresses listed in the Under
Seal Submission of Last Known Addresses (ECF No. 28). However, one of addresses could not be
located. Hence, the USM-285 form indicated that the Defendant “does not live at address on file.”
(ECF No. 38.) Therefore there would be no utility in issuing a summons to be served by the Marshal
at an address for which the Marshall already attempted service unsuccessfully.
Plaintiff’s motion (ECF No. 58) is therefore DENIED. Plaintiff is reminded that he has until
December 31, 2015, to renew his motion for service by publication in accordance with this’s Court’s
Order (ECF No. 56).
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk