McNeil v. Molnar

Opinion

5 UNITED STATES DISTRICT COURT

6 DISTRICT OF NEVADA

7 * * *

8 Michael McNeil, Case No. 2:18-cv-01594-RFB-BNW

9 Plaintiff, Order re [27] 10 v.

11 Dave Molnar, et al.,

12 Defendants.

13 14 Plaintiff Michael McNeil moves the Court to attempt service upon defendants David 15 Molnar and Quentin Byrne. ECF No. 27. McNeil proceeds in forma pauperis ("IFP"), which 16 means he is entitled to the Court's aid in issuing and serving all process. Therefore, his motion 17 will be granted. 18 I. Background 19 McNeil initiated this matter with a complaint under 42 U.S.C. § 1983 and an 20 accompanying application to proceed IFP. ECF No. 1. The district judge screened McNeil’s 21 complaint and found that he stated cognizable claims against several defendants, including 22 Molnar and Byrne. ECF No. 12 at 9. The Court has since granted McNeil's IFP application. ECF 23 No. 9. 24 Following an unsuccessful early mediation between McNeil and Nevada’s Office of the 25 Attorney General, ECF No. 21, the Attorney General declined to accept service on behalf of 26 defendants Molnar and Byrne because they are former employees of the Nevada Department of 27 Corrections ("NDOC"), ECF No. 24. Instead of accepting service on their behalf, the Attorney 1 General filed Molnar and Byrne's addresses under seal at ECF No. 25. McNeil's motion 2 followed. ECF No. 27. 3 II. Discussion 4 When a party proceeds IFP the Court “shall issue and serve all process.” 28 U.S.C. 5 § 1915(d); Puett v. Blandford, 912 F.2d 270, 273 (9th Cir. 1990) (“a party proceeding in forma 6 pauperis is entitled to have the summons and complaint served by the U.S. Marshal.”).1 Here, 7 McNeil proceeds IFP and he is therefore entitled to the Court’s aid. Accordingly, the Court will 8 issue summonses for Molnar and Byrne and direct the U.S. Marshal to attempt service upon them 9 using their last-known address under seal at ECF No. 25. 10 III. Conclusion 11 IT IS THEREFORE ORDERED that McNeil’s motion requesting service (ECF No. 27) is 12 GRANTED. 13 IT IS FURTHER ORDERED that the Clerk of Court shall issue summonses, under seal, for 14 defendants David Molnar and Quentin Byrne using the addresses under seal at ECF No. 25. 15 IT IS FURTHER ORDERED that the Clerk of Court shall send McNeil two blank copies 16 of form USM-285. 17 IT IS FURTHER ORDERED that McNeil shall have twenty days in which to send the U.S. 18 Marshals Service the required USM-285 forms. The U.S. Marshals Service can be reached by mail 19 at the following address: 333 South Las Vegas Boulevard, Suite 2058, Las Vegas, Nevada 89101. 20 On the forms, McNeil must leave blank the defendants' last-known addresses. The U.S. Marshals 21 Service will acquire those addresses from the Attorney General’s sealed filing at ECF No. 25. 22 IT IS FURTHER ORDERED that the Clerk of Court shall serve a copy of this order, the 23 sealed and issued summonses, and the operative complaint (ECF No. 13) on the U.S. Marshals 24 Service. 25 26

27 1 Section 1915(d) dovetails with Rule 4, which provides that upon the request of a plaintiff authorized to proceed in forma pauperis, the Court “must” order “that service be made by a United States marshal or deputy or by a 1 IT IS FURTHER ORDERED that upon receipt of the USM-285 forms, the U.S. Marshal 2 || shall, in accordance with Federal Rule of Civil Procedure 4(c)(3), attempt service on defendants 3 |} David Molnar and Quentin Byrne at their last-known addresses, which are filed under seal at ECF 4 || No. 25. 5 IT IS SO ORDERED. 6 DATED: April 20, 2021. Gx La We BRENDA WEKSLER 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28