January 26, 2011
LEE ALLEN, PLAINTIFF,
COUNTY DETENTIONET AL., #30, 41-42 DEFENDANTS.
The opinion of the court was delivered by: George Foley, Jr. United States Magistrate Judge
Motion to Reissue Summons
This matter is before the Court on Plaintiff's Motion for Court to Reorder Summons for all in this Suit and/or Give Marshals Permission to Serve said Defendants Again and Properly the 120 days given originally from August 3, 2010 to be Extended at least 60 days (#30), filed October 6, 2010, and Motion for Court to Reorder Summons for all Defendants in this Suit and/or Marshals Permission to Serve said Defendants Again and Properly and to have the 120 days given from August 3, 2010 to be Extended at least 60 days (#41-42).
On January 20, 2011, the Court granted Defendants' Motion to Dismiss (#20) and Renewed to Dismiss (#66) and dismissed Defendants "Kite" Nurse Cornelius, Dr. McGrorey, Rebecca Newman, Nurse Norma and Dr. Russo from this action. (#89). The Court also dismissed the Clark Detention Center and Clark County Sheriff Gillespie. (Id.) In doing so, however, the Court granted Plaintiff leave to amend his complaint. (Id.)
Once Plaintiff's Amended Complaint is screened by the Court and filed, the Clerk of the Court issue summons for the defendants. In addition, once the amended complaint has been screened and will have 120 days to serve the amended complaint on Defendants under Fed.R.Civ.P. 4(m). Therefore, the Court finds that issuing new summons or extending the time to serve Defendants appropriate at this time. Accordingly, IT IS HEREBY ORDERED that to Plaintiff's Motions to Reorder Summons or Extend the to Perfect Service (#30, 41-42) are denied.
DATED this 26th day of January, 2011.
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