Coleman v. Erogul et al

Filing 77

ORDERED Plaintiff's Request Summons (ECF No. 75 ) is DENIED. Signed by Magistrate Judge William G. Cobb on 10/23/2019. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

RONNIE MONEY COLEMAN,

)
)
Plaintiff,
)
vs.
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)
JOHN EROGUL, et al.,
)
)
Defendants.
)
____________________________________ )

3:17-cv-00649-MMD-WGC
MINUTES OF THE COURT
October 23, 2019

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KAREN WALKER

REPORTER:

NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is Plaintiff’s “Request Summons from Court Clerk for Noreen Borino and
Address” (ECF No. 75). Plaintiff requests the court order the court clerk to issue a summons and
address for Defendant Borino.
Pursuant to the court’s order of March 1, 2019 (ECF No. 22), the U.S. Marshal attempted
service on Defendant Noreen Borino on April 15, 2019, but was returned by the U.S. Marshal
because Defendant Borino apparently no longer resides at the address provided by the Attorney
General’s Office (under seal). (ECF No. 37.)
On August 26, 2019, Plaintiff filed a Motion for Court Oder for Court Clerk to Issue
Summons and Complaint to Borino. (ECF No. 59.)
On August 28, 2019, the court instructed the Office of the Attorney General to advise the
court within fifteen (15) days whether it was able to find an alternative physical address for
Defendant Borino. (ECF No. 61.) In response to the court’s order, Defendants filed their Notice
to the Court advising that they did not have an updated address for Defendant Borino. (ECF No.
64.)
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MINUTES OF THE COURT
3:17-cv-00649-MMD-WGC
October 23, 2019
Page Two

Based on the above, the court finds that issuing another summons for Defendant Borino
would be an act of futility. Therefore, Plaintiff’s “Request Summons from Court Clerk for Noreen
Borino and Address” (ECF No. 75) is DENIED.
IT IS SO ORDERED.
DEBRA K. KEMPI, CLERK
By:

/s/______________________
Deputy Clerk