Harris v. Daniels

Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 AMMAR HARRIS, 6 Case No. 2:22-cv-00293-CDS-NJK Plaintiff, 7 ORDER v. 8 [Docket No. 40] CHARLES DANIELS, et al., 9 Defendants. 10 11 Pending before the Court is Plaintiff’s motion to serve Wilson F. Bernales.1 Docket No. 12 40. 13 Plaintiff’s motion identifies Wilson F. Bernales as the remaining unserved defendant in 14 this case.2 Id. at 1. Plaintiff requests the Court issue summons to Defendant Bernales and order 15 the U.S. Marshal Service to serve Defendant. Id. Pursuant to this Court’s order, the Attorney 16 General’s Office filed a notice identifying the defendants for whom it does not accept service. See 17 Docket Nos. 31 at 2 (order), 36 (notice of acceptance of service). The Attorney General’s Office 18 also filed under seal the last known address of Defendant Wilson F. Bernales. Docket No. 37. 19 Accordingly, Plaintiff’s motion identifying unserved defendants and requesting issuance 20 of summons is GRANTED.3 Docket No. 40. The Court therefore ORDERS as follows: 21 22 1 The Court construes pro se filings liberally. Blaisdell v. Frappiea, 729 F.3d 1237, 1241 23 (9th Cir. 2013). 24 2 Defendant Wilson F. Bernales was added to the Docket as William F. Bernales. See Docket Entry for Docket No. 39. The Clerk’s Office is INSTRUCTED to substitute Wilson F. Bernales 25 for William F. Bernales. See Docket No. 39. 26 3 Plaintiff also seeks to renew his motion for limited discovery. Docket No. 40 at 2. A separate document must be filed for each type of relief requested. Local Rule IC 2-2(b). 27 Accordingly, the Court declines to reach Plaintiff’s request to renew his prior motion at this time. 28 1 e The Clerk’s Office is INSTRUCTED to mail Plaintiff a blank copy of the USM-285 2 form. 3 e Plaintiff will have twenty days in which to furnish the United States Marshal with the 4 required USM-285 forms with the relevant information as to Defendant Wilson F. 5 Bernales. 6 e The Clerk’s Office will issue summons to Defendant Bernales, and deliver the 7 complaint and that summons to the United States Marshal for service. 8 e Within twenty days after recerving from the United States Marshal a copy of the Form 9 USM-285, showing whether service has been accomplished, Plaintiff must file a notice 10 identifying whether Defendant Bernales was served. If service was unsuccessful and 11 Plaintiff wishes to have service attempted again, a motion must be filed identifying the 12 unserved defendants and specifying a detailed name and/or address for said defendant, 13 or whether some other manner of service should be attempted. 14 IT IS SO ORDERED. 15 Dated: December 14, 2022 faz XQ ~ Nancy.J. Koppe 16 United States fagistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28