O'Guinn v. Baca et al

Filing 31

ORDER - Clerk shall electronically serve this Order and the First Amended Complaint (ECF No. 10 ) upon AG (electronic service on 4/26/2021; First Amended Complaint via NEF Regeneration). Service must be perfected within ninety (90) days from the date of this order. Subject to this Court's order upon remand (ECF No. 22 ), within twenty-one (21) days of the date of entry of this order, AG shall file a notice regarding acceptance of service and file under seal the addresses for Defendants for which service is not accepted. Plaintiff shall file a motion regarding any unserved Defendants. If service is accepted, then the answer or other response to the First Amended Complaint (ECF No. 10 ) is due within sixty (60) days from the date of this order. Plaintiff shall serve Defendants a copy of every pleading submitted for consideration, together with a certificate of service. This case is no longer stayed. Signed by Magistrate Judge William G. Cobb on 4/26/2021. (Copies have been distributed pursuant to the NEF - AB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ROY O’GUINN,

Case No. 3:18-cv-00469-MMD-WGC
Plaintiff,

v.

ORDER

ISIDRO BACA, et al.,
Defendants.

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This action is a pro se civil rights action filed pursuant to 42 U.S.C. § 1983 by a

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state prisoner. The Court stayed this case and entered a subsequent order in which the

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parties were assigned to mediation by a court-appointed mediator. (ECF Nos. 22, 27,

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28). A mediation session was held on April 21, 2021, and no settlement was reached.

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(ECF No. 29). Therefore, this case shall return to the normal litigation track.

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For the foregoing reasons, IT IS ORDERED that:

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1.

The Clerk of the Court shall electronically SERVE a copy of this order and

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a copy of Plaintiff’s First Amended Complaint (ECF No. 10) on the Office of the Attorney

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General of the State of Nevada by adding the Attorney General of the State of Nevada to

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the docket sheet. This does not indicate acceptance of service.

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2.

Service must be perfected within ninety (90) days from the date of this order

pursuant to Fed. R. Civ. P. 4(m).
3.

Subject to this Court’s order upon remand (ECF No. 22), within twenty-one

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(21) days of the date of entry of this order, the Attorney General’s Office shall file a notice

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advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts
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service; (b) the names of the defendants for whom it does not accept service, and (c) the

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names of the defendants for whom it is filing the last-known-address information under

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seal. As to any of the named defendants for whom the Attorney General’s Office cannot

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accept service, the Office shall file, under seal, but shall not serve the inmate Plaintiff the

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last known address(es) of those defendant(s) for whom it has such information. If the last

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known address of the defendant(s) is a post office box, the Attorney General's Office shall

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attempt to obtain and provide the last known physical address(es).
4.

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If service cannot be accepted for any of the named defendant(s), Plaintiff

shall file a motion identifying the unserved defendant(s), requesting issuance of a

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summons, and specifying a full name and address for the defendant(s).

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defendant(s) as to which the Attorney General has not provided last-known-address

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information, Plaintiff shall provide the full name and address for the defendant(s).
5.

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For the

If the Attorney General accepts service of process for any named

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defendant(s), such defendant(s) shall file and serve an answer or other response to the

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complaint within sixty (60) days from the date of this order.
6.

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Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has

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been entered by counsel, upon their attorney(s), a copy of every pleading, motion or other

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document submitted for consideration by the Court. Plaintiff shall include with the original

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document submitted for filing a certificate stating the date that a true and correct copy of

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the document was mailed or electronically filed to the defendants or counsel for the

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defendants. If counsel has entered a notice of appearance, Plaintiff shall direct service

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to the individual attorney named in the notice of appearance, at the physical or electronic

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address stated therein. The Court may disregard any document received by a district

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judge or magistrate judge which has not been filed with the Clerk, and any document

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received by a district judge, magistrate judge, or the Clerk which fails to include a

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certificate showing proper service.

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7.

This case is no longer stayed.

DATED: April 26, 2021.

UNITED STATES MAGISTRATE JUDGE

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