United States District Court, D. Nevada
ORDER (DOCKET NOS. 71, 72, 73)
J. KOPPE UNITED STATES MAGISTRATE JUDGE.
action is a pro se civil rights complaint filed pursuant to
42 U.S.C. § 1983 by a state prisoner. On February 20,
2019, the Court imposed a 90-day stay and, on March 4, 2019,
entered a subsequent order in which the parties were assigned
to mediation by a court-appointed mediator. Docket Nos. 59,
64. On April 10, 2019, the court-appointed mediator recused
herself from this case. Docket No. 67. The Court therefore
vacated the scheduled mediation conference and, in lieu of a
formal mediation, encouraged Plaintiff and defense counsel to
confer on the potential for settlement. Docket No. 68. The
Court also ordered the Attorney General's Office to file
its status report by May 24, 2019 and extended the stay of
the case through that date. Id.
3, 2019, in compliance with the Court's order, the Office
of the Attorney General filed a status report. Docket No. 69.
The status report included an attachment noting that the
Court had vacated the mediation conference, stating that
defense counsel had spoken with Plaintiff by phone, and
stating that negotiations were not likely to result in
settlement at this stage so the case should be returned to
the litigation track. See Docket Nos. 69, 69-1.
21, 2019, Plaintiff filed a motion asking the Court to order
that the mediation be completed, to recuse and replace the
Attorney General for dishonesty, and to direct the Attorney
General to comply with the Court's orders. Docket No. 73.
Plaintiff submits that the Attorney General lied to the Court
by representing that a mediation occurred when, in fact, it
did not because the mediator recused herself. Id. at
1-2. Plaintiff further asks the Court to order the mediation
to occur and to recuse the assigned Attorney General for
dishonesty and replace him with another person from that
office. Id. at 2. The Court finds that the Office of
the Attorney General did not make any false representations
regarding the mediation and has complied with the Court's
orders. The Court therefore denies Plaintiff's motion.
pending before the Court is Plaintiff's motion for an
extension of time to file a third amended complaint. Docket
No. 71. Plaintiff already has filed a third amended complaint
and the Court has screened it. Docket Nos. 39, 59. Therefore,
this motion is denied as moot.
pending before the Court is Plaintiff's motion for leave
to file a fourth amended complaint. Docket No. 72. He has
not, however, attached a copy of the proposed amended
complaint to the motion as is required by Local Rule 15-1.
The Court therefore denies the motion to file a fourth
foregoing reasons, IT IS ORDERED that:
1. The motion to order that mediation be completed, that the
Attorney General be recused and replaced, and that the
Attorney General follow the Court's orders, Docket No.
73, is DENIED.
2. The motion for an extension of time to file a third
amended complaint, Docket No. 71, is denied as moot.
3. The motion for leave to file a fourth amended complaint,
Docket No. 72, is DENIED.
4. The Clerk of the Court shall electronically
SERVE a copy of this order and a copy of
Plaintiff's complaint, Docket No. 39, on the Office of
the Attorney General of the State of Nevada by adding the
Attorney General of the State of Nevada to the docket sheet.
This does not indicate acceptance of service.
5. Service must be perfected no later than August 27,
2019, pursuant to Fed.R.Civ.P. 4(m).
6. Subject to the findings of the screening order, Docket No.
59, no later than June 19, 2019, the
Attorney General's Office shall 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. As to any of the named defendants for
whom the Attorney General's Office cannot accept service,
the Office shall file, under seal, but shall not serve the
inmate Plaintiff the last known address(es) of those
defendant(s) for whom it has such information. If the last
known address of the defendant(s) is a post office box, the
Attorney General's Office shall attempt to obtain and
provide the last known physical address(es).
7. If service cannot be accepted for any of the named
defendant(s), Plaintiff shall file a motion identifying the
unserved defendant(s), requesting issuance of a summons, and
specifying a full name and address for the defendant(s). For
the defendant(s) as to which the Attorney General has not
provided last-known-address ...