McDowell, Jr. v Homan et al

Filing 23

ORDER Clerk of the Court will electronically SERVE a copy of this order and a copy of Plaintiff's Second Amended Complaint (ECF No. 20 ) on the AG, by adding the AG to the docket sheet. (E-service 11/21/2022; SAC (ECF No. 20 ) via NEF rege neration.) AG shall file notice within 21 days of the entry date of this order (12/12/222) re acceptance of service; and file under seal for Ds for which service not accepted. Plaintiff shall file a motion identifying any unserved defendant(s). If se rvice accepted than Answer/response due within 60 days of the entry date of this order (1/20/2023). Henceforth P shall serve Ds or Ds' counsel a copy of every pleading submitted for consideration, together with a certificate of service. This case is no longer stayed. Signed by Magistrate Judge Carla Baldwin on 11/21/2022. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:22-cv-00166-MMD-CLB Document 23 Filed 11/21/22 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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TOMMIE LEE MCDOWELL, JR.,

Case No. 3:22-cv-00166-MMD-CLB
Plaintiff,

v.

ORDER

DENNIS HOMAN, et al.,
Defendants.

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This action began with a pro se civil-rights complaint filed under 42 U.S.C. § 1983

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by a state prisoner. Plaintiff has paid the full filing fee in this matter. (ECF No. 6). The

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Court entered screening orders on June 7 and July 28, 2022. (ECF Nos. 7, 12). The

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second screening order imposed a 90-day stay and the Court entered a subsequent order

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in which the parties were assigned to mediation by a court-appointed mediator. (ECF

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Nos. 12, 16). The Court entered a third screening order on September 27, 2022. (ECF

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No. 19). The Office of the Attorney General recently filed a status report indicating that

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settlement has not been reached and informing the Court of its intent to proceed with this

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action. (ECF No. 22).

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IT IS THEREFORE ORDERED that:

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1.

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

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copy of Plaintiff’s Second Amended Complaint (ECF No. 20) 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

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

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2.

Service must be perfected within 90 days of the entry date of this order

under Federal Rule of Civil Procedure 4(m).
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Subject to the findings of the screening order (ECF No. 19), within 21 days

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of the entry date of this order, the Attorney General’s Office will file a notice advising the

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Court and Plaintiff of: (a) the names of the defendants for whom it accepts service; (b) the

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names of the defendants for whom it does not accept service, and (c) the names of the
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Case 3:22-cv-00166-MMD-CLB Document 23 Filed 11/21/22 Page 2 of 3
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defendants for whom it is filing the last-known-address information under seal. As to any

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of the named defendants for whom the Attorney General’s Office cannot accept service,

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the Office will file, under seal, but will not serve the inmate Plaintiff the last known

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

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

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

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4.

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

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will 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).

For the

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

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

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5.

If the Attorney General accepts service of process for any named

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

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Second Amended Complaint (ECF No. 20) within 60 days of the entry date of this order.

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6.

Plaintiff will serve upon defendant(s) or, if an appearance has been entered

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

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submitted for consideration by the Court. If Plaintiff electronically files a document with

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the Court’s electronic-filing system, no certificate of service is required. Fed. R. Civ. P.

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5(d)(1)(B); Nev. Loc. R. IC 4-1(b); Nev. Loc. R. 5-1. However, if Plaintiff mails the

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document to the Court, Plaintiff will include with the original document submitted for filing

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a certificate stating the date that a true and correct copy of the document was mailed to

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the defendants or counsel for the defendants.

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appearance, Plaintiff will direct service to the individual attorney named in the notice of

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appearance, at the physical or electronic address stated therein.

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disregard any document received by a district judge or magistrate judge that has not been

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filed with the Clerk, and any document received by a district judge, magistrate judge, or

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the Clerk which fails to include a certificate showing proper service when required.

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If counsel has entered a notice of

The Court may

Case 3:22-cv-00166-MMD-CLB Document 23 Filed 11/21/22 Page 3 of 3
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7.

This case is no longer stayed.

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DATED THIS 21st day of November

2022.

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UNITED STATES MAGISTRATE JUDGE

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