Rodney v. Sandoval et al

Filing 15

ORDER directing Clerk to e-serve NV AG with a copy of this order and ECF No. 8 Complaint (NEFs sent 6/26/2017); directing 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 6/26/2017. (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 8 9 10 11 12 KYLE RODNEY, ) ) Plaintiff, ) ) v. ) ) BRIAN SANDOVAL et al., ) ) Defendants. ) ) ___________________________________ ) 3:16-cv-00305-MMD-WGC ORDER 13 This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state 14 prisoner. Plaintiff paid the full filing fee in this matter. (ECF No. 6). The Court entered a 15 screening order on January 31, 2017. (ECF No. 7). A follow-up order imposed a 90-day stay 16 and the Court entered a subsequent order in which the parties were assigned to mediation by 17 a court-appointed mediator. (ECF No. 9, 11). The Office of the Attorney General has filed a 18 status report indicating that settlement has not been reached and informing the Court of its 19 intent to proceed with this action. (ECF No. 14). 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 complaint (ECF No. 8) on the Office of the Attorney General of the State of 23 Nevada, attention Traci Plotnick. 24 2. Service must be perfected within ninety (90) days from the date of this order 25 pursuant to Fed. R. Civ. P. 4(m). 26 3. Subject to the findings of the screening order and follow-up order (ECF No. 7, 27 9), within twenty-one (21) days of the date of entry of this order, the Attorney General’s Office 28 shall file a notice advising the Court and Plaintiff of: (a) the names of the defendants for whom 1 it accepts service; (b) the names of the defendants for whom it does not accept service, and 2 (c) the names of the defendants for whom it is filing the last-known-address information under 3 seal. As to any of the named defendants for whom the Attorney General’s Office cannot 4 accept service, the Office shall file, under seal, but shall not serve the inmate Plaintiff the last 5 known address(es) of those defendant(s) for whom it has such information. If the last known 6 address of the defendant(s) is a post office box, the Attorney General's Office shall attempt 7 to obtain and provide the last known physical address(es). 4. 8 If service cannot be accepted for any of the named defendant(s), Plaintiff shall 9 file a motion identifying the unserved defendant(s), requesting issuance of a summons, and 10 specifying a full name and address for the defendant(s). For the defendant(s) as to which the 11 Attorney General has not provided last-known-address information, Plaintiff shall provide the 12 full name and address for the defendant(s). 5. 13 If the Attorney General accepts service of process for any named defendant(s), 14 such defendant(s) shall file and serve an answer or other response to the complaint within 15 sixty (60) days from the date of this order. 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 1 6. Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has been 2 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document 3 submitted for consideration by the Court. Plaintiff shall include with the original document 4 submitted for filing a certificate stating the date that a true and correct copy of the document 5 was mailed or electronically filed to the defendants or counsel for the defendants. If counsel 6 has entered a notice of appearance, Plaintiff shall direct service to the individual attorney 7 named in the notice of appearance, at the physical or electronic address stated therein. The 8 Court may disregard any document received by a district judge or magistrate judge which has 9 not been filed with the Clerk of the Court, and any document received by a district judge, 10 magistrate judge, or the Clerk of the Court which fails to include a certificate showing proper 11 service. 12 13 26th DATED: This _____ day of June, 2017. 14 15 _________________________________ United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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