Hendrix v. State of Nevada et al

Filing 128

ORDER that ECF No. 127 Plaintiff's Request for Entry of Default as to Defendant Pinkham is GRANTED. Signed by Magistrate Judge William G. Cobb on 2/12/2018. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 JAMAL DAMON HENDRIX, 9 10 11 12 13 ) ) Plaintiff, ) ) vs. ) ) STATE OF NEVADA, et al., ) ) Defendants. ) ______________________________________) 3:15-cv-00155-MMD-WGC ORDER Re: ECF No. 127 14 Before the court is Plaintiff’s Request for Entry of Default (ECF No. 127). Plaintiff requests that 15 a default be entered against Defendant D. Pinkham for failing to answer Plaintiff’s complaint. 16 On May 13, 2016, in accordance with the court’s screening order (ECF No. 17), Plaintiff was 17 allowed to proceed against Defendants Koehn, Lyons, Dawn Jones, Aranas, Artlinger, Ornelas, 18 Kimbrell, Huston, Timothy Jones, Winsor, Bradford, Bothe, Baker, Williams, Fletcher, Cox, Varady, 19 Crowder, Rigney, Pinkham, Foster and Gregersen for various due process violations. (ECF No. 17 at 25, 20 26.) 21 Pursuant to the court’s order of August 19, 2016 (ECF No. 27), the court instructed the Attorney 22 General’s Office to file a notice advising the Court and Plaintiff of: (a) the names of the defendants for 23 whom it accepts service; (b) the names of the defendants for whom it does not accept service, and (c) the 24 names of the defendants for whom it is filing the last-known-address information under seal. As to any 25 of the named defendants for whom the Attorney General’s Office could not accept service, the Office 26 was instructed to file, under seal, the last known address(es) of those defendant(s) for whom it has such 27 information. (ECF No. 27 at 2.) 28 1 On September 9, 2016 the Attorney General’s Office filed its Acceptance of Service on behalf 2 of Defendants Romeo Aranas, Jayson Artinger, Renee Baker, Harold Byrne, Jesse Cox, Vance Crowder, 3 Sheryl Foster, Angela Gregerson, Robert Huston, Dawn Jones, Timothy Jones, Michael Koehn, 4 Keli Lyons, Jeanette Ornelas, Curtis Rigney, Darlene Varady, and Brandon Williams but did not accept 5 service on behalf of Defendants Michael Fletcher, Steven Kimbrell, Doris Patenteau (previously Doris 6 Brashford and erroneously sued as Doris Bradford), Leah Bothe, Isaac Winsor, and Dean Pinkham. 7 (ECF No. 28.) On the same day, the Attorney General’s Office filed the Defendants’ last known 8 addresses under seal. (ECF No. 29.) Pursuant to that filing, the court directed the Clerk to issue 9 summons for Defendants Fletcher, Kimbrell, Patenteau, Bothe, Winsor, and Pinkham and provided 10 Plaintiff with instructions as to effecting service on the Defendants. (ECF No. 39.) 11 On November 21, 2016, the U.S. Marshal filed the return of the summons indicating that service 12 of process was completed as to Defendant Pinkham on November 18, 2016. (ECF No. 45.) According 13 to the court’s docket, Defendant Pinkham has failed to answer Plaintiff’s complaint. Plaintiff now seeks 14 a default against Defendant Pinkham. 15 Plaintiff’s Request for Entry of Default (ECF No. 127) as to Defendant Pinkham is GRANTED. 16 IT IS SO ORDERED. 17 DATED: February 12, 2018. 18 19 20 __________________________________________ WILLIAM G. COBB UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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