Franklin v. Arguello et al

Filing 31

ORDER - Clerk shall e-SERVE AG this Order and ECF No. 22 Complaint upon AG. (E-service 8/11/2016; 22 Complaint via NEF regeneration.) AG shall by 9/1/2016 file notice re acceptance of service; and file under seal addresses for Ds for which servi ce not accepted. P shall file a motion re unserved Ds. Answer/response to complaint due by 10/10/2016. Henceforth P shall serve Ds a copy of every pleading submitted for consideration, together with a certificate of service. Signed by Magistrate Judge William G. Cobb on 8/11/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DARIN J. FRANKLIN,

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Plaintiff,
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v.
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TANIA ARGUELLO, et al.,
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Defendants.
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___________________________________ )

3:15-cv-00196-RCJ-WGC
ORDER

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I.

DISCUSSION

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This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state

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prisoner. The Court entered a screening order on the Plaintiff’s amended complaint on May

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11, 2016. (ECF No. 21). In the screening order, the Court imposed a 90-day stay to allow

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Plaintiff and the defendants an opportunity to settle their dispute before an answer was filed

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or the discovery process began. (Id. at 5:11-22).

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The Court also issued a further order in which the parties were assigned to mediation

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by a court-appointed mediator. (ECF No. 27). The Office of the Attorney General has filed

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a status report indicating that the mediation took place, a settlement has not been reached,

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and informing the Court of its intent to proceed with this action. (ECF No. 30).

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that:

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1.

The Clerk of the Court shall electronically SERVE a copy of this order and a copy

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of Plaintiff’s amended complaint (ECF No. 22) on the Office of the Attorney General of the

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State of Nevada, attention Kat Howe.

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2.

Subject to the findings of the screening order (ECF No. 21), within twenty-one

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(21) days of the date of entry of this order, the Attorney General’s Office shall file a notice

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advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts

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service; (b) the names of the defendants for whom it does not accept service, and (c) the

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names of the defendants for whom it is filing last-known-address information under seal. As

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to any of the named defendants for which the Attorney General’s Office cannot accept service,

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the Office shall file, under seal, but shall not serve the inmate Plaintiff the last known

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address(es) of those defendant(s) for whom it has such information. If the last known address

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of the defendant(s) is a post office box, the Attorney General’s Office shall attempt to obtain

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and provide the last known physical address(es).

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6.

If service cannot be accepted for any of the named defendant(s), Plaintiff shall

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file a motion identifying the unserved defendant(s), requesting issuance of a summons, and

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specifying a full name and address for the defendant(s). For the defendant(s) as to which the

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Attorney General has not provided last-known-address information, Plaintiff shall provide the

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full name and address for the defendant(s).

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7.

If the Attorney General accepts service of process for any named defendant(s),

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such defendant(s) shall file and serve an answer or other response to the complaint within

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sixty (60) days from the date of this order.

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8.

Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has been

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entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document

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submitted for consideration by the Court. Plaintiff shall include with the original paper

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submitted for filing a certificate stating the date that a true and correct copy of the document

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was mailed to the defendants or counsel for the defendants. If counsel has entered a notice
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of appearance, Plaintiff shall direct service to the individual attorney named in the notice of

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appearance, at the address stated therein. The Court may disregard any paper received by

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a district judge or magistrate judge which has not been filed with the Clerk, and any paper

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received by a district judge, magistrate judge, or the Clerk which fails to include a certificate

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showing proper service.

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DATED: This 11th day of August, 2016.

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_________________________________
United States Magistrate Judge

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