Fawver v. Nye County Sheriff's Office ( 2023 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 SKYLER DEAN FAWVER, Case No.: 2:22-cv-00914-CDS-NJK 5 Plaintiff(s), Order 6 v. [Docket No. 26] 7 ERIC ANDERSON, et al., 8 Defendant(s). 9 Pending before the Court is Plaintiff’s motion for an order directing the United States 10 Marshal to serve Defendant Eric Anderson.1 Docket No. 26. The motion is properly resolved 11 without a hearing. Local Rule 78-1. 12 Litigants proceeding under in forma pauperis status have the right “to adequate assistance 13 by the U.S. Marshal in the service of summons and the complaint.” Puett v. Blandford, 912 F.2d 14 270, 273 (9th Cir. 1990); see also Fed.R.Civ.P. 4(c)(3). Plaintiff requests the Court to issue an 15 order requiring the United States Marshal Service to effectuate service of process on Defendant 16 Anderson. Docket No. 26 at 1. Plaintiff identifies Defendant Anderson’s last known address and 17 employer’s address. Id. 18 Accordingly, Plaintiff’s motion is GRANTED. Docket No. 26. The Court therefore 19 ORDERS as follows: 20  The Clerk’s Office is INSTRUCTED to mail Plaintiff a blank copy of the USM-285 21 form. 22  Plaintiff will have twenty days in which to furnish the United States Marshal with the 23 required USM-285 form with the relevant information as to Defendant Anderson. 24  The Clerk’s Office will issue summons to Defendant Anderson and deliver the 25 complaint and that summons to the United States Marshal for service. 26 27 1 The Court construes pro se filings liberally. Blaisdell v. Frappiea, 729 F.3d 1237, 1241 28 (9th Cir. 2013). ] e Within twenty days after receiving from the United States Marshal a copy of the Form 2 USM-285, showing whether service has been accomplished, Plaintiff must file a notice 3 identifying whether Defendant Anderson was served. If service was unsuccessful and 4 Plaintiff wishes to have service attempted again, a motion must be filed identifying the 5 unserved defendants and specifying a detailed name and/or address for said defendant, 6 or whether some other matter of service should be attempted. 7 IT IS SO ORDERED. 8 Dated: December 15, 2023 Nancy J. Keppe — 10 United States Magistrate Judge 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28