Elmajzoub v. Wickham et al

Filing 13

ORDERED that, within 30 days of this order (10/8/2021), the Attorney General's Office shall file a declaration detailing its efforts to locate Defendant Ordonez, inform him of this lawsuit, and offer to represent him. IT IS FURTHER ORDERED th at, within 30 days from the date of this order (10/8/2021), the Attorney General's Office shall file an updated notice with the Court informing the Court about Ordonez's representation status. IT IS FURTHER ORDERED that, within 30 days f rom the date of this order (10/8/2021), the Attorney General's Office shall advise the Court whether it will enter a limited notice of appearance on behalf of Ordonez for the purpose of settlement. Signed by Judge Gloria M. Navarro on 9/8/2021. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:20-cv-00502-GMN-WGC Document 13 Filed 09/08/21 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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SAID ELMAJZOUB

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v.

Case No. 3:20-cv-00502-GMN-WGC
Plaintiff,

ORDER

HAROLD WICKHAM, et al.,
Defendants.

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I.

DISCUSSION

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On July 23, 2021, this Court entered a screening order permitting First Amendment

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and Fourth Amendment claims to proceed against Defendant Ordonez. (ECF No. 8 at

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15). The Court stayed the case for 90 days to give Plaintiff and Defendant Ordonez an

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opportunity to settle their dispute before the filing fee was paid, an answer was filed, or

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the discovery process began. (Id. at 16). The Court directed the Attorney General’s

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Office to notify the Court whether it would enter a limited notice of appearance on behalf

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of Defendant Ordonez for the purpose of settlement. (Id. at 17).

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On September 2, 2021, the office of the Attorney General informed the Court that

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it could not make a limited appearance for the purpose of settlement because Defendant

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Ordonez, the only remaining defendant in this action, is no longer employed by the

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Nevada Department of Corrections and Defendant Ordonez has not requested

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representation from the Office of the Attorney General. (ECF No. 9). The Attorney

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Case 3:20-cv-00502-GMN-WGC Document 13 Filed 09/08/21 Page 2 of 3

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General’s Office does not indicate that it has made any attempt to contact Defendant
Ordonez. (Id.)

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In light of the Attorney General Office’s notice, the Court now orders the Attorney
General’s Office to provide the Court with a declaration detailing its attempts to contact
Defendant Ordonez, inform him of this action, and ask him if he would like the Office to
represent him in this matter. Within 30 days from the date of this order, the Attorney
General’s Office shall file that declaration as well as an updated notice with the Court
informing the Court whether it will be entering a limited notice of appearance on behalf of
Defendant Ordonez for the purpose of settlement.

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If the Attorney General’s Office enters a limited notice of appearance on behalf of
Defendant Ordonez for the purpose of settlement, the Court shall schedule an early
inmate mediation conference. However, if the Attorney General’s Office notifies the Court
that it will not be entering a limited notice of appearance, the Court will issue an order
that: (1) removes this case from the early inmate mediation program, (2) rules on the
application to proceed in forma pauperis, and (3) begins the service process with the U.S.
Marshal’s Office.
II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that, within 30 days of this order, the

Attorney General’s Office shall file a declaration detailing its efforts to locate Defendant
Ordonez, inform him of this lawsuit, and offer to represent him.
IT IS FURTHER ORDERED that, within 30 days from the date of this order, the
Attorney General’s Office shall file an updated notice with the Court informing the Court
about Ordonez’s representation status.
IT IS FURTHER ORDERED that, within 30 days from the date of this order, the
Attorney General’s Office shall advise the Court whether it will enter a limited notice of
appearance on behalf of Ordonez for the purpose of settlement. No defenses or

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Case 3:20-cv-00502-GMN-WGC Document 13 Filed 09/08/21 Page 3 of 3

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objections, including lack of service, shall be waived as a result of the filing of the limited
notice of appearance.
DATED THIS 8th day of September, 2021.

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UNITED STATES DISTRICT JUDGE

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