Johnston v. Dorame et al

Filing 27

ORDER - Johnston's second motion to exclude case from mediation (ECF No. 25 ) is DENIED as untimely and moot. The Clerk of the Court shall electronically SERVE a copy of this order and a copy of Plaintiff's SAC (ECF No. 10 ) on the AG by adding AG to the docket (E-service 3/5/2025; 10 via NEF regeneration). Service must be perfected within ninety (90) days from the date of this order (6/3/2025). Within twenty-one (21) days of the date of entry of this order (3/26/202 5) AG shall file notice re acceptance of service, and file under seal addresses for Ds for which service not accepted. If service accepted, the answer due within sixty (60) days from the date of this order (5/4/2025). Henceforth P shall serve Ds 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 3/5/2025. (For Distribution by law library.) (Copies have been distributed pursuant to the NEF - DRM)

Case 3:23-cv-00408-MMD-CLB

Document 27

Filed 03/05/25

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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,
RICHARD JOHNSTON

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Case No. 3:23-cv-00408-MMD-CLB
Plaintiff,

v.

ORDER

ROBERT HARTMAN, et al.,

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Defendants.

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

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a state prisoner. Plaintiff paid the full filing fee in this matter. (ECF No. 3.) The Court

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entered a screening order on Johnston’s second amended complaint on October 22,

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2024. (ECF No. 17.) The screening order imposed a 90-day stay and the Court entered

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a subsequent order in which the parties were assigned to mediation by a court-appointed

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mediator. (ECF Nos. 17, 19.) After his first motion to exclude this case mediation was

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denied, Johnston filed an untimely motion to exclude. (ECF Nos. 24, 25.) A settlement

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was not reached at mediation. (ECF No. 26.)

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IT IS THEREFORE ORDERED that:

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1.

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Johnston’s second motion to exclude case from mediation (ECF No. 25) is

DENIED as untimely and moot.
2.

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

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a copy of Plaintiff’s second 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

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

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3.

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

pursuant to Fed. R. Civ. P. 4(m).
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Subject to the findings of the screening order (ECF No. 17), within twenty-

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

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notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it
accepts service; (b) the names of the defendants for whom it does not accept service,
and (c) the names of the defendants for whom it is filing the last-known-address
information under seal. As to any of the named defendants for whom the Attorney
General’s Office cannot accept service, the Office shall file, under seal, but shall not serve
the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such
information. If the last known address of the defendant(s) is a post office box, the Attorney
General's Office shall attempt to obtain and provide the last known physical address(es).
5.

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
summons, and specifying a full name and address for the defendant(s). For the
defendant(s) as to which the Attorney General has not provided last-known-address
information, Plaintiff shall provide the full name and address for the defendant(s).
6.

If the Attorney General accepts service of process for any named

defendant(s), such defendant(s) shall file and serve an answer or other response to the
second amended complaint within sixty (60) days from the date of this order.
7.

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

entered by counsel, upon their attorney(s), a copy of every pleading, motion or other
document submitted for consideration by the Court. If Plaintiff electronically files a
document with the Court’s electronic-filing system, no certificate of service is required.
Fed. R. Civ. P. 5(d)(1)(B); Nev. Loc. R. IC 4-1(b); Nev. Loc. R. 5-1. However, if Plaintiff
mails the document to the Court, Plaintiff shall include with the original document
submitted for filing a certificate stating the date that a true and correct copy of the
document was mailed to the defendants or counsel for the defendants. If counsel has
entered a notice of appearance, Plaintiff shall direct service to the individual attorney
named in the notice of appearance, at the physical or electronic address stated therein.
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The Court may disregard any document received by a district judge or magistrate judge
which has not been filed with the Clerk, and any document received by a district judge,
magistrate judge, or the Clerk which fails to include a certificate showing proper service
when required.
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This case is no longer stayed.

IT IS SO ORDERED.
DATED: March 5, 2025

UNITED STATES MAGISTRATE JUDGE

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