Scott v. Herzog et al

Filing 35

ORDER RE: SERVICE OF PROCESS - IT IS ORDERED that Plaintiff's motions regarding service, (ECF Nos. 32 , 33 , 34 ), are GRANTED, consistent with this order. IT IS FURTHER ORDERED the Clerk shall ISSUE a summons for Defendan ts William Miller, Aaron Ryer, and Cynthia Purkey and send the same to the U.S. Marshal with the address provided under seal. (ECF No. 28.) The Clerk shall also SEND sufficient copies of the second amended complaint, (ECF No. 17 ), t he screening order, (ECF No. 19 ), and this order to the U.S. Marshal for service on the Defendants. (Emailed 3/27/2024). IT IS FURTHER ORDERED that within 21 days of the date of entry of this order (4/17/2024), the Attorney General' ;s Office shall file notice advising the Court and Plaintiff of whether it can or cannot accept service on behalf of Defendants Chris Sawin, Anthony Cornell, and/or Francisco Anguiano. Plaintiff is reminded that if the above-named Defendants a re not served by May 28, 2024, they will be dismissed for failure to complete service of process pursuant to Fed. R. Civ. P. 4(m). Signed by Magistrate Judge Carla Baldwin on 3/26/2024. (Copies have been distributed pursuant to the NEF - DLS)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

***

4

JAMES EDWARD SCOTT, III,

5

Case No. 3:22-CV-00564-ART-CLB
Plaintiff,

6

v.

7

HERZOG, et al.,

8

ORDER RE: SERVICE OF PROCESS
[ECF Nos. 32, 33, 34]

Defendants.

9

Before the Court is Plaintiff James Edward Scott’s motion to identify unserved

10

defendants, motion for proper number of USM-285 forms, and motion for instructions on

11

how to serve defendants. (ECF Nos. 32, 33, 34, respectively.) 1 The Court addresses

12

these motions collectively as a single motion for service of process.

13

The Office of the Attorney General did not accept service of process on behalf of

14

William Miller, Aaron Ryer, or Cynthia Purkey, but did file their last known addresses

15

under seal. (ECF Nos. 28, 29.) The Office of the Attorney General did not accept service

16

for Sowin, Cornell, or Aguiano, as the true identities of these Defendants was not

17

known. (ECF No. 29.) Plaintiff requests that William Miller, Aaron Ryer, and Cynthia

18

Purkey, whose last known addresses were filed under seal, to be served and provides

19

the “true” names for the other defendants. (See ECF Nos. 32, 33, 34.) Plaintiff further

20

identifies “Sowin” as Chris Sawin; “Cornell” as Anthony Cornell; and “Aguiano” as

21

Francisco Anguiano. (Id.)

22
23

Accordingly, IT IS ORDERED that Plaintiff’s motions regarding service, (ECF Nos.
32, 33, 34), are GRANTED, consistent with this order.

24

IT IS FURTHER ORDERED the Clerk shall ISSUE a summons for Defendants

25

William Miller, Aaron Ryer, and Cynthia Purkey and send the same to the U.S. Marshal

26
27
28

The motions are identical and duplicative of one another. This violates General
Order No. 2021-05 § 3(f), which states that “[n]o party may file a motion if he or she has
another motion on the same subject matter already pending before the Court. Motions
submitted in violation of this General Order may be struck or may be summarily denied.”

1

1

with the address provided under seal. (ECF No. 28.) The Clerk shall also SEND sufficient

2

copies of the second amended complaint, (ECF No. 17), the screening order, (ECF No.

3

19), and this order to the U.S. Marshal for service on the Defendants. The Court will

4

separately provide to the U.S. Marshal a completed USM-285 form for each Defendant.

5

IT IS FURTHER ORDERED that within 21 days of the date of entry of this order,

6

the Attorney General’s Office shall file notice advising the Court and Plaintiff of whether it

7

can or cannot accept service on behalf of Defendants Chris Sawin, Anthony Cornell,

8

and/or Francisco Anguiano. If the Attorney General’s Office cannot accept service on

9

behalf of Chris Sawin, Anthony Cornell, and/or Francisco Anguiano, the Office shall

10

file, under seal, but shall not serve on Plaintiff, the last known address of Chris Sawin,

11

Anthony Cornell, and/or Francisco Anguiano, if it has such information. If the last

12

known address of Chris Sawin, Anthony Cornell, and/or Francisco Anguiano is a post

13

office box, the Attorney General's Office shall attempt to obtain and provide the last known

14

physical address. If service cannot be accepted for Chris Sawin, Anthony Cornell,

15

and/or Francisco Anguiano, Plaintiff shall file a motion requesting issuance of a

16

summons, specifying a full name and address for Chris Sawin, Anthony Cornell, and/or

17

Francisco Anguiano. If the Attorney General has not provided last-known-address

18

information, Plaintiff shall provide the full name and address for Chris Sawin, Anthony

19

Cornell, and/or Francisco Anguiano.

20

Plaintiff is reminded that if the above-named Defendants are not served by May

21

28, 2024, 2 they will be dismissed for failure to complete service of process pursuant to

22

Fed. R. Civ. P. 4(m).

23

IT IS SO ORDERED.

24

DATED: March 26, 2024.

25

UNITED STATES MAGISTRATE JUDGE

26
27
28

This date represents 90 days from the date of the order directing that this case
proceed onto the normal litigation track following mediation (ECF No. 23). See Fed. R.
Civ. P. 4(m) (requiring service on defendants within 90 days after a complaint is filed).
2

2