Fernandez v. Baker et al

Filing 55

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 7/1/2015, granting 36 motion for the court to issue and serve summons and complaint on defendants not represented. Clerk shall issue summons for Seth Dav is and send same to USM with address provided under seal, complaint, and copy of this order and shall send to plaintiff USM-285 form (all forms distributed/mailed 7/1/15). Plaintiff shall have until 7/12/15 to return USM-285 form to USM. AG shall notify court re defendants Rowley, Perkins and Brown in accordance with the terms in attached order on or before 7/12/15. (Copies have been distributed pursuant to the NEF - JC)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
KEVIN FERNANDEZ,

)
)
Plaintiff,
)
)
vs.
)
)
JAMES GREG COX, et al.,
)
)
Defendants.
)
_____________________________ )
PRESENT:

3:14-CV-0578-MMD (VPC)
MINUTES OF THE COURT
July 1, 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:
Plaintiff’s motion for court to issue and serve summons and complaint on defendants not
represented in defendants’ supplemental notice (#36) is GRANTED as follows:
Defendant Seth Davis
Plaintiff has advised the court that he did not receive the order re service concerning Seth
Davis. Therefore, the court reissues the order as follows:
The Office of the Attorney General did not accept service of process on behalf of
defendant Seth Davis. However, the Attorney General has filed the last known address of this
defendant under seal (#39).
The Clerk shall ISSUE a summons for Seth Davis and send the same to the U.S. Marshal
with the address provided under seal (#39). The Clerk shall SEND to plaintiff one USM-285
form. The Clerk shall SEND one copy of the complaint (#5), and one copy of this order to the
U.S. Marshal for service on the defendant. Plaintiff shall have until Friday, July 12, 2015 to
complete the USM-285 service form and return them 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-named defendant will be dismissed for
failure to complete service of process pursuant to Fed.R.Civ.P. 4(m).

Defendant Christian Rowley
Plaintiff has notified the court that defendant Rowland is more properly identified as
Christian Rowley. The Office of the Attorney General shall notify the court on or before Friday,
July 12, 2015 whether it will accept service on behalf of Christian Rowley. If not, the Office of
the Attorney General shall file this defendant’s last known address under seal.
Defendant Perkins and Brown
Defendants mistakenly accepted service on behalf of Glenn Perkins who is not a party to
this lawsuit. Plaintiff has identified defendants Perkins and Brown as female officers.
Defendants have notified the court that no female officers named Perkins and Brown worked a
Ely State Prison during the relevant time frame. Plaintiff has more properly identified these
officers in his reply dated June 29, 2015 (#53). Therefore,
On or before Friday, July 12, 2015, the Office of the Attorney General shall file a notice
identifying the female officer serving meals in ESP Unit 2 during the day shift on July 11-13,
2014, and the female officer serving meals in ESP Unit 1 during the afternoons of May 16-17,
2014.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk