Hendrix v. State of Nevada et al

Filing 89

ORDER DENYING ECF No. 82 Motion for Subpoena. Signed by Magistrate Judge William G. Cobb on 6/7/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA JAMAL DAMON HENDRIX, ) ) Plaintiff, ) ) vs. ) ) STATE OF NEVADA, et al., ) ) Defendants. ) ________________________________________) 3:15-cv-00155-MMD-WGC MINUTES OF THE COURT June 7, 2017 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 for Subpoena on Defendant Pinkham (ECF No. 82). Defendants have opposed the motion (ECF No. 88). Plaintiff’s motion (ECF No. 82) is predicated on the fact that the summons and complaint were served on Defendant Pinkham on November 18, 2016 (ECF No. 45), and Defendant Pinkham has failed to file a responsive pleading to Plaintiff’s complaint. The issuance of a subpoena would not cure the Defendant’s apparent failure to respond to the complaint. Plaintiff is advised that, in accordance with Fed. R. Civ. P. 55(a), the proper procedure is to file a motion for default. Therefore, Plaintiff’s Motion for Subpoena on Defendant Pinkham (ECF No. 82) is DENIED. IT IS SO ORDERED. DEBRA K. KEMPI, CLERK By: /s/ Deputy Clerk

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