Friedman v. Byrne et al

Filing 31

ORDER that clerk must e-serve a copy of this order and a copy of ECF No. 15 Plaintiff's Amended Complaint on the NV AG (NEF regenerated on 1/11/2018); service must be perfected by 4/11/2018; NV AG to advise Court by 2/1/2018 re a cceptance of service and/or provide last-known-address information under seal; plaintiff to file a motion identifying the unserved defendant(s), requesting issuance of a summons, and specifying a full name and address for the defendant(s); Answer/res ponse due within 60 days for any defendants represented. Plaintiff shall serve defendants copy of all pleadings and include certificate of service. This case is no longer stayed. See order for further details and instructions. Signed by Magistrate Judge William G. Cobb on 1/11/2018. (Copies have been distributed pursuant to the NEF - LH) Modified on 1/11/2018 no longer stayed (LH).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KENNETH FRIEDMAN,

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Plaintiff,
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v.
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QUENTIN BYRNE et al.,
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Defendants.
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___________________________________ )

3:16-cv-00016-RCJ-WGC
ORDER

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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. Plaintiff paid the full filing fee in this matter. (ECF No. 4). The Court entered a
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screening order on October 11, 2017. (ECF No. 19). The screening order imposed a 90-day
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stay and the Court entered a subsequent order in which the parties were assigned to
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mediation by a court-appointed mediator. (ECF No. 19, 21). The Office of the Attorney
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General has filed a status report indicating that settlement has not been reached and informing
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the Court of its intent to proceed with this action. (ECF No. 30).
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IT IS THEREFORE 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. 15) on the Office of the Attorney General of the
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State of Nevada, by adding the Attorney General of the State of Nevada to the docket sheet.
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This does not indicate acceptance of service.
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2.

Service must be perfected within ninety (90) days from the date of this order

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pursuant to Fed. R. Civ. P. 4(m).
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3.

Subject to the findings of the screening order (ECF No. 19), 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 the last-known-address information under seal.

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As to any of the named defendants for whom the Attorney General’s Office cannot accept

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service, 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).
4.

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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).
5.

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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 amended complaint

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within sixty (60) days from the date of this order.
6.

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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 document

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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 or electronically filed to the defendants or counsel for the defendants. If counsel

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has entered a notice of appearance, Plaintiff shall direct service to the individual attorney

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named in the notice of appearance, at the physical or electronic address stated therein. The

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Court may disregard any document received by a district judge or magistrate judge which has

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not been filed with the Clerk of the Court, and any document received by a district judge,

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magistrate judge, or the Clerk of the Court which fails to include a certificate showing proper

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service.

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7.

This case is no longer stayed.

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DATED: January 11, 2018.

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_________________________________
United States Magistrate Judge

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