Entsminger v. Aranas et al.

Filing 242

ORDER - Plaintiff's Objection (ECF No. 235 ) is overruled. Defendants' Motion to Strike (ECF No. 225 ) is denied as moot. Signed by Chief Judge Miranda M. Du on 8/20/2020. (Copies have been distributed pursuant to the NEF - AB)

Case 3:16-cv-00555-MMD-WGC Document 242 Filed 08/20/20 Page 1 of 2
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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GREGORY WEST
ENTSMINGER,

Case No. 3:16-cv-00555-MMD-WGC
ORDER

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Plaintiff,
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v.
ROMEO ARANAS, et al.,
Defendants.

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Before the Court is Plaintiff Gregory West Entsminger’s objection (ECF No. 235) to

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United States Magistrate Judge William G. Cobb’s order (“the Order”) denying Plaintiff’s

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motion to authorize the United States Marshal Service (“USMS”) to locate unserved

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defendants (ECF No. 226 (denying ECF No. 224)), and Defendants’ Motion to Strike

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Objection to Report and Recommendation (“Defendants’ Motion”) (ECF No. 225). For the

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following reasons, the Court overrules Plaintiff’s objection (ECF No. 235) and denies

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Defendants’ Motion (ECF No. 225) as moot. 1

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The Court finds that Plaintiff’s objection is untimely. Under LR IB 3-1, a party must

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file their objection to a magistrate judge’s order within 14 days after service of that order.

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The docket reflects that Plaintiff was electronically served a copy of the Order on July 13,

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2020. Accordingly, Plaintiff had until July 27, 2020 to object. But Plaintiff filed his objection

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on August 6, 2020. (ECF No. 235.) The Court therefore overrules Plaintiff’s objection as

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untimely.

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Defendants’ Motion requests that the Court strike Plaintiff’s response (ECF No.

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214) supporting Judge Cobb’s Report and Recommendation (“R&R”) (ECF No. 203). (ECF

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Court has also reviewed Plaintiff’s response (ECF No. 226).

Case 3:16-cv-00555-MMD-WGC Document 242 Filed 08/20/20 Page 2 of 2
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No. 225 at 2.) Defendants contend that, rather than stating an objection to the R&R,

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Plaintiff inaptly seeks an order directing the USMS and the Nevada Attorney General’s

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Office to assist Plaintiff with effectuating service on certain unserved Defendants. (Id.) But

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the Court already denied such requests as beyond the scope of a response to the R&R.

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(ECF No. 217 at 2 n.1 (citing to LR IC 2-2(b)).) Accordingly, the Court will deny Defendants’

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Motion as moot.

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The Court notes that the parties made several arguments and cited to several cases

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not discussed above. The Court has reviewed these arguments and cases and determines

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that they do not warrant discussion as they do not affect the outcome of the objection and

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motion before the Court.

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It is therefore ordered that Plaintiff’s objection (ECF No. 235) is overruled.

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It is further ordered that Defendants’ Motion to Strike Objection to Report and

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Recommendation (ECF No. 225) is denied as moot.

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DATED THIS 20th day of August 2020.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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