United States District Court, D. Nevada
JENNIFER A. DORSEY U.S. DISTRICT JUDGE
21, 2018, I screened pro se plaintiff Wayne Cameron's
first-amended complaint and allowed him to proceed on his
due-process-medical-issues claim against the Doe defendants
who broke his dentures and the other Doe defendants who
denied to replace or repair them (once he identifies
them). I also allowed him to proceed on his
state-law negligence claim against the same Doe defendants
who broke his dentures. Then I ordered the Las Vegas
Metropolitan Police Department to enter a limited notice of
appearance-even though I dismissed all claims against them
with prejudice-to provide Cameron with pre-service discovery
to help identify the Doe defendants.
directed the Clerk's Office to send Cameron a USM-285
form and ordered Cameron to give the U.S. Marshal the
required USM-285 form with the relevant information as to
LVMPD on it by June 20, 2018. After receiving the form, the
U.S. Marshal would then attempt to serve LVMPD, who would
then enter a limited notice of appearance. On July 2, 2018,
Cameron filed a notice with the court stating that he had
failed to serve LVMPD. He mentioned that he hasn't returned
the USM-285 form to the U.S. Marshal because he still
doesn't know the identities of the Doe
defendants. In light of this notice, I will clarify
the directions that I gave in the previous order and give
Cameron another opportunity to serve the U.S. Marshal.
the process that Cameron must go through if he wants to
attempt to identify the Doe defendants and proceed with this
case: (1) Cameron must fill out the USM-285 form with
the LVMPD's information (and NOT the Doe
defendants' information) so that the U.S. Marshal can
serve the LVMPD; (2) the U.S. Marshal will return a copy of
the USM-285 form to Cameron, informing him whether service on
the LVMPD was completed; (3) Cameron will then notify the
court whether LVMPD was served; (4) if service was completed,
then LVMPD will enter a limited notice of appearance for the
purposes of pre-service discovery; (5) the LVMPD will then
identify the names of the Doe defendants who broke
Cameron's dentures and the Doe defendants who denied to
replace or repair them; (6) the LVMPD will file a notice with
the court identifying those Doe defendants. Cameron
does not need to know the identities of the Doe defendants in
order to complete steps 1 and 3.
the Clerk of Court is directed to
RE-ISSUE a summons for Las Vegas Metropolitan Police
Department and DELIVER (1) the summons, (2) a copy of the
first-amended complaint (ECF No. 9), (3) a copy of the
screening order (ECF No. 12), and (4) a copy of this order to
the U.S. Marshal for service.
Clerk of Court is also directed to
SEND Cameron one USM-285 form.
Cameron receives the USM-285 form, he will have 30
days to fill out with the LVMPD's information (NOT the
Doe defendants' information) and return it to the U.S.
Marshal for service. The LVMPD's mailing address
Las Vegas Metropolitan Police Department
400 S. Martin L. King Boulevard
Las Vegas, NV 89106
U.S. Marshal will then attempt service of the USM-285 form on
the LVMPD and return a copy of the USM-285 form to Cameron
explaining whether service was completed.
Cameron receives that response from the U.S. Marshal,
he will have 20 days to notify the court whether
service was completed. If service IS NOT completed
and Cameron wants the U.S. Marshal to try again, he must file
a motion with the court specifying in more detail the
LVMPD's name and address, and manner in which he wants
the U.S. Marshal to serve them.
FURTHER ORDERED that the LVMPD has until September 5,
2018, to enter a limited notice of appearance for the limited
purpose of conducting limited pre-service ...