Opinion
3:11-cv-00598-RCJ-VPC
10-02-2012
TONY G. HEWITT, Plaintiff, v. STATE OF NEVADA, et al, Defendants.
ORDER
This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state prisoner. Plaintiff has been previously granted leave to proceed in forma pauperis in this action. (ECF No. 5). The Court entered a final screening order on July 2, 2012. (ECF No. 12). Defendants have filed their status report regarding the results of the 90-day stay imposed on July 2, 2012. (ECF No. 15).
IT IS THEREFORE ORDERED that:
1. The Clerk shall electronically SERVE a copy of this order and a copy of plaintiff's amended complaint (ECF No. 8) on the Office of the Attorney General of the State of Nevada, attention Pamela Sharp.
2. Subject to the findings of the final screening order (ECF No. 12), within twenty-one (21) days of the date of entry of this order, the Attorney General's Office shall file a 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 last-known-address information under seal. As to any of the named defendants for which the Attorney General's Office cannot accept service, the Office shall file, under seal, the last known address(es) of those defendant(s) for whom it has such information.
3. 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).
4. 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 complaint within sixty (60) days from the date of this order.
5. Henceforth, plaintiff shall serve upon defendant(s) or, if an appearance has been entered by counsel, upon their attomey(s), a copy of every pleading, motion or other document submitted for consideration by the court. Plaintiff shall include with the original paper 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, the plaintiff shall direct service to the individual attorney named in the notice of appearance, at the address stated therein. The court may disregard any paper received by a district judge or magistrate judge which has not been filed with the Clerk, and any paper received by a district judge, magistrate judge, or the Clerk which fails to include a certificate showing proper service.
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UNITED STATES MAGISTRATE JUDGE