United States District Court, D. Nevada
ORDER [DOCKET NO. 29]
J. Koppe United States Magistrate Judge
before the Court is Plaintiff's motion for the
Clerk's Office to issue summons for Defendant Romeo
Aranas. Docket No. 29. Plaintiff submits that the Office of
the Attorney General would not accept service on behalf of
Defendant Aranas. Id. at 1. Plaintiff asks the Court
to order the Attorney General's Office to file Defendant
Aranas' last-known address under seal and to order the
Clerk's Office to issue summons. Id. at 2. The
Court finds that the motion is properly resolved without a
hearing. See Local Rule 78-1.
alleges violations of his civil rights under 42 U.S.C. §
1983 for events that occurred during his incarceration at
High Desert State Prison. Docket No. 8 at 4-14. The Court
screened Plaintiff's amended complaint and ordered that
two of Plaintiff's claims of deliberate indifference to
serious medical needs and one claim of equal protection may
proceed. See Docket No. 7. On October 18, 2018, the
Court ordered the Clerk's Office to serve Plaintiff's
amended complaint on the Attorney General's Office and
further ordered the Attorney General's Office to file a
notice advising the Court and Plaintiff of: (a) the names of
the defendants for whom it accepts service; (b) the names of
the defendants for whom it does not accept service; and (c)
the names of the defendants for whom it is filing the
last-known address information under seal. Docket No. 14 at
1-2. The Court also ordered that “[s]ervice must be
perfected within ninety (90) days from the date of this order
pursuant to Fed.R.Civ.P. 4(m).” Id. at 2.
Motion to File Defendant Aranas' Last-Known Address Under
November 8, 2018, the Attorney General's Office accepted
service on behalf of Defendants James Dzurenda, Brian
Williams, Dwight Neven, Antony Ritz, and Brian Williams, but
did not accept service on behalf of Defendant Romeo Aranas.
Docket No. 15 at 1. Further, the Attorney General's
Office filed, under seal, the last-known address of Defendant
Aranas, and filed a notice of the submission. Docket No. 16
at 1; Docket No. 17.
the Court DENIES as moot the portion of
Plaintiff's motion that asks the Court to order the
Attorney General's Office to file Defendant Aranas'
last-known address under seal. Docket No. 29.
Request for Clerk to Issue Summons
further asks the Court to order the Clerk's Office to
issue summons for Defendant Aranas. Docket No. 29 at 2. In
determining Plaintiff's request, this Court turns to Rule
4(m) of the Federal Rules of Civil Procedure. Under Rule
4(m), service must be accomplished within 90 days from the
date a complaint is filed. According to Rule 4(m),
“[i]f a defendant is not served within 90 days after
the complaint is filed, the court-on motion or on its own
after notice to the plaintiff-must dismiss the action without
prejudice against that defendant or order that service be
made within a specified time.” Fed.R.Civ.P. 4(m).
However, “if the plaintiff shows good cause for the
failure, the court must extend the time for service for an
appropriate period.” Id. The Court must
liberally construe the pleadings of a pro se party. Hebbe
v. Pliler, 627 F.3d 338, 342 & n.7 (9th Cir. 2010).
liberally construing Plaintiff's motion, the Court finds
good cause to extend the period for service on Defendant
Aranas by 60 days from today's date, or July 13, 2019.
Accordingly, Plaintiff's request for the Clerk's
Office to issue summons for Defendant Aranas, Docket No. 29,
Court INSTRUCTS the Clerk's Office to
issue summons for Defendant Aranas. The Clerk's Office
shall send to Plaintiff one USM-285 form. Plaintiff shall
have twenty days in which to furnish the U.S. Marshal with
the required Form USM-285 (with Defendant Aranas' address
omitted). The Clerk's Office shall send a copy of the
amended complaint, Docket No. 8, and a copy of this order to
the United States Marshal for service on Defendant Aranas.
Within twenty days after receiving from the U.S. Marshal a
copy of the Form USM-285, showing whether service has been
accomplished, Plaintiff must file a notice with the Court
identifying whether Defendant Aranas was served. The Court
FURTHER orders that Defendant Aranas'
last-known address shall remain sealed.
reasons stated above, Plaintiff's motion, Docket No. 29,
is GRANTED ...