Anderson v. NDOC et al

Filing 17

ORDER directing Clerk to e-serve a copy of this order and Plaintiff's ECF No. 7 Amended Complaint on NV AG (NEFs sent 2/2/2017). AG to advise Court within 21 days re service. Answer due within 60 days for any defendants represented. Plaintiff shall serve defendants copy of all pleadings and include certificate of service. See order for further details. Signed by Magistrate Judge William G. Cobb on 2/2/2017. (Copies have been distributed pursuant to the NEF - KR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 JOSEPH M. ANDERSON, Plaintiff, 8 9 10 v. NEVADA DEPARTMENT OF CORRECTIONS, et al., 11 Defendants. 12 ) ) ) ) ) ) ) ) ) ) ) 3:16-cv-00056-RCJ-WGC ORDER ___________________________________ 13 This is an action on an amended civil rights complaint pursuant to 42 U.S.C. § 1983, 14 removed from state court. The Court entered a screening order on September 6, 2016. 15 (ECF No. 8). The screening order imposed a 90-day stay and the Court entered a subsequent 16 order in which the parties were assigned to mediation by a court-appointed mediator. 17 (ECF No. 8, 10). The Office of the Attorney General has filed a status report indicating that 18 settlement has not been reached and informing the Court of its intent to proceed with this 19 action. (ECF No. 16). 20 IT IS THEREFORE ORDERED that: 21 1. The Clerk of the Court shall electronically SERVE a copy of this order and a copy 22 of Plaintiff’s amended complaint (ECF No. 7) on the Office of the Attorney General of the State 23 of Nevada, attention Kat Howe. 24 2. Subject to the findings of the screening order (ECF No. 8), within twenty-one 25 (21) days of the date of entry of this order, the Attorney General’s Office shall file a notice 26 advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts 27 service; (b) the names of the defendants for whom it does not accept service, and (c) the 28 names of the defendants for whom it is filing the last-known-address information under seal. 1 As to any of the named defendants for whom the Attorney General’s Office cannot accept 2 service, the Office shall file, under seal, but shall not serve the inmate Plaintiff the last known 3 address(es) of those defendant(s) for whom it has such information. If the last known address 4 of the defendant(s) is a post office box, the Attorney General's Office shall attempt to obtain 5 and provide the last known physical address(es). 6 3. If service cannot be accepted for any of the named defendant(s), Plaintiff shall 7 file a motion identifying the unserved defendant(s), requesting issuance of a summons, and 8 specifying a full name and address for the defendant(s). For the defendant(s) as to which the 9 Attorney General has not provided last-known-address information, Plaintiff shall provide the 10 11 full name and address for the defendant(s). 4. If the Attorney General accepts service of process for any named defendant(s), 12 such defendant(s) shall file and serve an answer or other response to the amended complaint 13 within sixty (60) days from the date of this order. 14 5. Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has been 15 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document 16 submitted for consideration by the Court. Plaintiff shall include with the original document 17 submitted for filing a certificate stating the date that a true and correct copy of the document 18 was mailed or electronically filed to the defendants or counsel for the defendants. If counsel 19 has entered a notice of appearance, Plaintiff shall direct service to the individual attorney 20 named in the notice of appearance, at the physical or electronic address stated therein. The 21 Court may disregard any document received by a district judge or magistrate judge which has 22 not been filed with the Clerk of the Court, and any document received by a district judge, 23 magistrate judge, or the Clerk of the Court which fails to include a certificate showing proper 24 service. 25 DATED: February 2, 2017. 26 27 _________________________________ United States Magistrate Judge 28 2

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