Myers v. Lopez et al

Filing 21

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 8/17/2017. Defendant Sheriff Ron Perini shall filed the last known addresses of defendants Lopez, Denkins, and Giro under seal on or before Friday, September 1, 2 017. Plaintiff's motion requesting issuance of summons and service (ECF No. 16) is GRANTED. Plaintiff shall file a notice on or before Friday, September 1, 2017 advising the court if he wants to voluntarily dismiss this defendant w ho is deployed overseas on military duty, or othewise. Clerk shall ISSUE summonses for Deputy Sheriff Lopez, Deputy Sheriff Denkins, and Deputy Sheriff Giro and send the same to the USM with the addresses once they are provided under seal. The C lerk shall SEND to plaintiff four USM-285 forms. (Mailed to P 8/17/2017.) The Clerk shall SEND sufficient copies of the complaint (ECF No. 7 ), and this order to the USM for service on the defendants. Plaintiff shall have until Friday, September 1, 2017, to complete the USM-285 service forms and return them to USM. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
DENNIS MYERS,

)
)
Plaintiff,
)
)
vs.
)
)
DEPUTY LOPEZ, et al.,
)
)
Defendants.
)
_____________________________ )
PRESENT:

3:16-CV-0491-RCJ (VPC)
MINUTES OF THE COURT
August 17, 2017

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
The U.S. Marshal was unable to complete service of process on the following defendants:
1.
2.
3.
4.

Deputy Sheriff Lopez (ECF No. 9) – no longer employed by the Douglas County
Sheriff’s Office;
Deputy Sheriff Denkins (ECF No. 12) - no longer employed by the Douglas
County Sheriff’s Office;
Deputy Sheriff Giro (ECF No. 13) – the name was not recognized by the Douglas
County Sheriff’s Office; and
Deputy Sheriff Gonzales (ECF No. 14) – deployed overseas on military duty.

Defendant Sheriff Ron Perini shall filed the last known addresses of defendants Lopez,
Denkins, and Giro (pronounced “Geera” employed between 7-12-15 and 10-26-15) under seal
on or before Friday, September 1, 2017. Plaintiff’s motion requesting issuance of summons
and service (ECF No. 16) is GRANTED.
As to Deputy Sheriff Gonzales, plaintiff shall file a notice on or before Friday,
September 1, 2017 advising the court if he wants to voluntarily dismiss this defendant who is
deployed overseas on military duty. Otherwise, plaintiff shall review Fed.R.Civ.P. 4 to
determine whether he can serve process on a person deployed on military duty and advise the
court of his intentions by September 1, 2017.

The Clerk shall ISSUE summonses for Deputy Sheriff Lopez, Deputy Sheriff Denkins,
and Deputy Sheriff Giro and send the same to the U.S. Marshal with the addresses once they
are provided under seal. The Clerk shall SEND to plaintiff four USM-285 forms. The Clerk
shall SEND sufficient copies of the complaint (ECF No. 7), and this order to the U.S. Marshal
for service on the defendants. Plaintiff shall have until Friday, September 1, 2017, to complete
the USM-285 service form and return it to the U.S. Marshal at 400 S. Virginia Street, 2nd Floor,
Reno, NV 89501 for service.
If plaintiff fails to follow this order, these defendants will be dismissed for failure to
complete service of process pursuant to Fed.R.Civ.P. 4(m).
IT IS SO ORDERED.
DEBRA K. KEMPI, CLERK
By:

/s/
Deputy Clerk