United States District Court, D. Nevada
A. LEEN UNITED STATES MAGISTRATE JUDGE.
matter is before the court on Plaintiff Toney Anthoney
White's election not to file an amended complaint. This
matter is referred to the undersigned pursuant to 28 U.S.C.
§ 636(b)(1)(A) and LR IB 1-3 of the Local Rules of
White is a pretrial detainee in custody at the Clark County
Detention Center (“CCDC”). He is proceeding in
this case in forma pauperis (“IFP”)
pursuant to 28 U.S.C. § 1915 and LSR 1-1 of the Local
Rules of Practice. This case involves White's allegations
of civil rights violations pursuant to 42 U.S.C. § 1983
while he was incarcerated at CCDC. The court reviewed the
Complaint (ECF No. 4) and determined that it stated a
plausible claim for failure-to-protect against corrections
officer Carey. Nov. 28, 2018 Screening Order (ECF No. 3).
However, his conspiracy claim was dismissed with leave to
amend by December 27, 2018, to correct pleading defects.
Id. The court explained that this action would
“proceed immediately on the failure-to-protect claim
against Carey only” if White did not file an amended
complaint. Id. at 8-9.
White did not submit an amended complaint by the deadline.
The court therefore entered an Order (ECF No. 5) on January
8, 2019, stating that this action will proceed against
Defendant Carey. The Clerk of Court was directed to issue
summons to Defendant Carey and mail White one USM-285 form to
arrange for service of process. Id.
White subsequently requested a stay of the proceedings and
extension of time to file an amended complaint. ECF Nos. 7-8.
The court denied an indefinite stay of proceedings, but
granted an extension of the deadline to amend until March 25,
2019. Feb. 22, 2019 Order (ECF No. 9). The court further
ordered that, if White did not to file an amended complaint
by March 25, 2019, this case would “proceed as to the
failure-to-protect claim against Defendant Carey only,
” and White would be given 90 days to serve the
original Complaint (ECF No. 4) in accordance with Rule 4(m)
of the Federal Rules of Civil Procedure.
date, Mr. White has not filed an amended complaint or
requested an extension of time in which to do so. The court
will therefore direct service of the Complaint (ECF No.
IT IS ORDERED:
Plaintiff Toney Anthoney White is advised to carefully review
Rule 4 of the Federal Rules of Civil Procedure in order to
properly serve Defendant Carey. Pursuant to Rule 4(m), White
must complete service on or before July 16,
Clerk of Court shall re-issue summons to Defendant Carey, and
deliver the summons and a copy of the Complaint (ECF No. 4)
to the U.S. Marshal for service, along with a copy of this
Clerk of Court shall MAIL Mr. White one (1) blank USM-285
Form along with instructions for completing the form.
May 17, 2019, the USM must receive
White's completed USM-285 forms via mail to attempt
the USM-285 forms are received, the USM shall attempt service
on the defendant.
After attempting service, the USM shall file notice with the
court, and serve the notice on White, indicating whether the
defendant was served.
the USM is unable to serve the defendant and Mr. White wishes
to have service attempted again, White must timely file a
motion specifying a more detailed name and/or address for the