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Michaud v. Nevada, 2:15-cv-02324-RFB-GWF. (2018)

Court: District Court, D. Nevada Number: infdco20180301o68 Visitors: 7
Filed: Feb. 27, 2018
Latest Update: Feb. 27, 2018
Summary: ORDER GEORGE FOLEY, JR. , Magistrate Judge . On January 17, 2018 the Court granted Plaintiff's request to find and serve those Defendants whom the Attorney General's office did not accept service for. Order (ECF No. 27). The Attorney General's Office has since provided the Court with those Defendants' last known addresses. (ECF Nos. 32 and 48). Therefore, the Court will direct the U.S. Marshal's office to serve the summons and first amended complaint on Defendants Sarkis Jopalian, Ron Jae
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ORDER

On January 17, 2018 the Court granted Plaintiff's request to find and serve those Defendants whom the Attorney General's office did not accept service for. Order (ECF No. 27). The Attorney General's Office has since provided the Court with those Defendants' last known addresses. (ECF Nos. 32 and 48). Therefore, the Court will direct the U.S. Marshal's office to serve the summons and first amended complaint on Defendants Sarkis Jopalian, Ron Jaeger and Glenn Fowler.1

However, the Court will not order service on the four individuals with the last name "Brown" that were identified by the Attorney General's office as employees of the Southern Desert Correctional Center on or around May 29, 2014. Plaintiff is instructed to advise the Court with any information that he can in order to determine which Brown is the correct defendant.

IT IS HEREBY ORDERED that the Clerk of the Court shall issue/re-issue a summons under seal to Defendants Sarkis Jopalian, Ron Jaeger and Glenn Fowler at the last known addresses found in ECF Nos. 32 and 48.

IT IS FURTHER ORDERED that the Clerk of Court shall provide the U.S. Marshal's office with the Summons, a copy of Plaintiff's First Amended Complaint (ECF No. 4), a copy of the Attorney General's Submission of Last Known Addresses (ECF No. 32 and 48), and a copy of this Order.

IT IS FURTHER ORDERED that the Clerk of the Court shall send the required USM-285 forms to Plaintiff. Plaintiff shall have twenty (20) days to furnish the required USM-285 forms to the U.S. Marshal at 333 Las Vegas Blvd., South, Suite 2058, Las Vegas, Nevada 89101.2

IT IS FURTHER ORDERED that the U.S. Marshal shall NOT provide Plaintiff with a copy of the completed USM-285 forms. Rather, the U.S. Marshal's office shall file the executed summon under seal to demonstrate that service has been completed.

FootNotes


1. The Court previously ordered that the U.S. Marshal's office serve Defendants Jopalian and Jaeger. See ECF No. 38. However, the Court inadvertently failed to order Plaintiff complete the required USM-285 form. Therefore, service has not been completed.
2. Because Plaintiff is not privy to the Defendants' last known addresses, he does not have to fill out the address section of the USM-285 form. That section will be completed by the U.S. Marshal. However, all other sections of the form shall be filled out to the best of Plaintiff's ability.
Source:  Leagle

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