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Mitchell v. Nevada, 2:17-cv-00686-APG-CWH. (2018)

Court: District Court, D. Nevada Number: infdco20180907a95 Visitors: 5
Filed: Sep. 06, 2018
Latest Update: Sep. 06, 2018
Summary: ORDER C.W. HOFFMAN, JR. , Magistrate Judge . Presently before the court is pro se plaintiff Donald E. Mitchell, Jr.'s motion requesting service and issuance of summons (ECF No. 13), filed on August 3, 2018. Plaintiff moves the court to issue summons to defendant Anthony Warren. The court ordered the Attorney General to file notice advising the names of defendants for whom it would and would not accept service of process. (Order (ECF No. 9).) The court ordered plaintiff to file a motion ide
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ORDER

Presently before the court is pro se plaintiff Donald E. Mitchell, Jr.'s motion requesting service and issuance of summons (ECF No. 13), filed on August 3, 2018. Plaintiff moves the court to issue summons to defendant Anthony Warren.

The court ordered the Attorney General to file notice advising the names of defendants for whom it would and would not accept service of process. (Order (ECF No. 9).) The court ordered plaintiff to file a motion identifying any unserved defendants, and requesting issuance of summons. (Id.) The Attorney General filed notice, indicating that the Nevada Department of Corrections would not accept service for defendant Anthony Warren. (ECF No. 10.) The Attorney General has provided under seal Warren's last known address. (ECF No. 11.) The court will therefore grant plaintiff's motion for issuance of summons.

IT IS THEREFORE ORDERED that plaintiff's motion for issuance of summons (ECF No. 13) is GRANTED.

IT IS FURTHER ORDERED that the clerk of court must issue the summons under seal.

IT IS FURTHER ORDERED that the clerk shall send a copy of form USM-285 and a copy of this order to plaintiff.

IT IS FURTHER ORDERED that plaintiff must complete the required portions of form USM-285 and return it to the court no later than September 27, 2018.

IT IS FURTHER ORDERED that upon receipt of the USM-285 form, the clerk of court must complete the form with Anthony Warren's address and deliver summons, the USM-285 form, a copy of the complaint (ECF No. 4), and a copy of this order to the U.S. Marshal for service.

Source:  Leagle

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