Altergott v. Senn et al

Filing 19

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 2/19/2016. The clerk of the court is directed to issue a Summons as to Defendant Georgia Luce and mail a copy of the Summons and this order along with the original documents submitted by Plaintiff which were filed as ECF No. 15 -2, pp. 1-69 to Defendant Georgia Luce at the address provided under seal.(ECF No. 13 ). Plaintiffs motion (ECF No. 15 ) is granted in part and denied in part as specified herein. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

ALLEN FRED ALTERGOTT,

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)
Plaintiff,
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vs.
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DR. SENNA, D.D.M., et al.,
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)
Defendants
)
________________________________________)

3:15-cv-00159-RCJ-WGC
MINUTES OF THE COURT
February 19, 2016

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 Request for Clerk to Effect Service to Defendants with Sealed
Addresses. (ECF No. 15.) Plaintiff’s affidavit attached to his request notes that certain Nevada
Department of Corrections (NDOC) Administrative Regulations make it a disciplinary violation to
seek personal information of current or past Departmental staff. Plaintiff represents, even the
exercise of due diligence in attempting to obtain such addresses would be futile and would constitute
a violation of NDOC Code of Penal Discipline. Thus, Plaintiff cannot gain access to the last known
addresses of the two defendants for whom the Attorney General could not accept service (ECF No.
12) and for whom last known addresses were filed under seal (ECF No. 14). As Plaintiff is unable
to effect service, under Rule 4 of the Federal Rules of Civil Procedure, he requests the clerk to serve
on his behalf the Notice of Lawsuit, Request for Waiver of Summons and a copy of Complaint he
has submitted for each of the unserved defendants identified as Luce and Senna. (Id., at 2.)
Because a physical address was lodged for Dr. Shannon Sena, rather than proceeding with
the alternative service procedures of Rule 4, the court has this day entered an order concerning
service of Plaintiff’s complaint on Dr. Sena by the U.S. Marshal at the last known residence address
provided under seal. Therefore, Plaintiff’s motion (ECF No. 15) as it pertains to Dr. Sena, is denied
as moot.
However, because the address which was provided as to Defendant Luce is a post office box,
Plaintiff’s motion (ECF No. 15) is granted as to Defendant Georgia Luce.

MINUTES OF THE COURT
3:15-cv-00159-RCJ-WGC
Date: February 19, 2016
Page 2
The clerk of the court is directed to issue a Summons as to Defendant Georgia Luce and mail
a copy of the Summons and this order along with the original documents submitted by Plaintiff
which were filed as ECF No. 15-2, pp. 1-69 [which include Plaintiff’s Waiver of Service of
Summons, Notice of Lawsuit and Request for Waiver of Service of Summons, Duty to Avoid
Unnecessary Costs of Service of Summons, Plaintiff’s Civil Rights Complaint (ECF No. 5) and any
self addressed, stamped envelope(s)] to Defendant Georgia Luce at the address provided under seal.
(ECF No. 13). Although granting Plaintiff’s request for assistance under Rule 4 as to Defendant
Luce, the court clarifies that neither the Court nor the Clerk of the Court is responsible for ensuring
the proper contents of the notice as described in Rule 4(d).
Plaintiff’s motion (ECF No. 15) is granted in part and denied in part as specified herein.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk