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Matlean v. Dzurenda, 2:17-cv-01461-KJD-CWH. (2019)

Court: District Court, D. Nevada Number: infdco20190726d97 Visitors: 24
Filed: Jul. 24, 2019
Latest Update: Jul. 24, 2019
Summary: ORDER C.W. HOFFMAN, JR. , Magistrate Judge . This matter is before the court on the attached USM-285 forms and summonses that were received by the court on April 23, 2019. The forms were completed by pro se plaintiff James Matlean and are dated April 15, 2019. On January 10, 2019, the court ordered the United States Marshal to assist Matlean with service on Jo Gentry, Dr. Koehn, Dr. Vicuna, and SL Clark under Rule 4(c)(3) of the Federal Rules of Civil Procedure. (Order (ECF No. 23).) The c
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ORDER

This matter is before the court on the attached USM-285 forms and summonses that were received by the court on April 23, 2019. The forms were completed by pro se plaintiff James Matlean and are dated April 15, 2019.

On January 10, 2019, the court ordered the United States Marshal to assist Matlean with service on Jo Gentry, Dr. Koehn, Dr. Vicuna, and SL Clark under Rule 4(c)(3) of the Federal Rules of Civil Procedure. (Order (ECF No. 23).) The court further ordered the clerk of court to mail to Matlean the paperwork required for the U.S. Marshal to assist with service. (Id.) The court extended the time for service on Jo Gentry, Dr. Koehn, Dr. Vicuna, and SL Clark for an additional 90 days from the date of the order, making the service deadline April 10, 2019. (Id.) Matlean's court-ordered deadline for returning the summons forms and USM-285 forms to the court was January 31, 2019. (Id.)

On April 2, 2019, Matlean moved for an extension of time to serve the summonses, among other things, stating that he was placed in segregation on January 16, 2019, and he did not have access to his legal documents. (Mot. (ECF No. 32).) Matlean requests a 60-day extension of time to serve these defendants. The court will enter a separate order granting Matlean's motion for extension of time because that motion also raises various other issues.

Based on Matlean's representations regarding his difficulty in prosecuting this case while in segregation, the court in its discretion finds there is good cause to extend the deadline to serve Jo Gentry, Dr. Koehn, Dr. Vicuna, and SL Clark to September 23, 2019.

IT IS THEREFORE ORDERED that the deadline to serve defendants Jo Gentry, Dr. Koehn, Dr. Vicuna, and SL Clark is extended to September 23, 2019.

IT IS FURTHER ORDERED that the clerk of court must issue the attached summonses and deliver the summonses, the attached USM-285 forms, and the complaint (ECF No. 7) to the United States marshal for service.

Source:  Leagle

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