Espinosa v. Gittere et al

Filing 40

ORDER RE: SERVICE OF PROCESS - The Clerk shall ISSUE a summons for Brittany Caldwell and send the same to the U.S. Marshal with the address provided under seal. (ECF No. 38 .) The Clerk shall also SEND sufficient copies of the amended complai nt, (ECF No. 23 ), the screening order, (ECF No. 22 ), a copy of the order granting amendment to the first amended complaint, (ECF No. 36 ), and this order to the U.S. Marshal for service on the Defendant. The Court will separately provide to the U.S. Marshal a completed USM 285 form for the Defendant. Plaintiff is reminded that if the above-named Defendant is not served by February 1, 2023, she will be dismissed for failure to complete service of process pursuant to Fed. R. Civ. P. 4(m) (2/1/2023). Signed by Magistrate Judge Carla Baldwin on 11/21/2022. (Copies have been distributed pursuant to the NEF - CJS)

Case 3:21-cv-00205-ART-CLB Document 40 Filed 11/21/22 Page 1 of 1

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BENJAMIN ESPINOSA,

Case No. 3:21-CV-00205-ART-CLB

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Plaintiff,

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v.
WILLIAM GITTERE, et al.,

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Defendants.

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The Office of the Attorney General did not accept service of process on behalf
of Brittany Caldwell who is no longer an employee of the Nevada Department of
Corrections. (ECF No. 37.) However, the Attorney General has filed the last known
address of this Defendant under seal. (ECF No. 38.)

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Accordingly, the Clerk shall ISSUE a summons for the above-named
Defendant and send the same to the U.S. Marshal with the address provided under
seal. (ECF No. 38.) The Clerk shall also SEND sufficient copies of the
amended complaint, (ECF No. 23), the screening order, (ECF No. 22), a copy of
the order granting amendment to the first amended complaint, (ECF No.
36), and this order to the U.S. Marshal for service on the Defendant. The Court
will separately provide to the U.S. Marshal a completed USM 285 form for the
Defendant.

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ORDER RE: SERVICE OF PROCESS

Plaintiff is reminded that if the above-named Defendant is not served by
February 1, 2023,1 she will be dismissed for failure to complete service of process
pursuant to Fed. R. Civ. P. 4(m).

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November 21, 2022
DATED: _________________.

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_________________________________
UNITED STATES MAGISTRATE JUDGE

This date represents 90 days from the date of the order amending the first
amended complaint (ECF No. 36). See Fed. R. Civ. P. 4(m) (requiring service on
defendants within 90 days after a complaint is filed).
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