1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA 3 Case No. 2:24-cv-02198-RFB-EJY 4 Billy Chancey, ORDER 5 Plaintiff, AND 6 v. REPORT AND RECOMMENDATION 7 Enokenwa, et al.,

8 Defendants. 9 I. Background and Discussion 10 Pending before the Court is Plaintiff’s Motion for Leave to Amend. ECF No. 10. The Motion 11 attaches a proposed amended complaint. ECF No. 10-1. A review of the proposed amended 12 complaint demonstrates it asserts the same fundamental facts and causes of action as Plaintiff’s 13 original Complaint, (ECF No. 1-1), which was screed by Judge Boulware and allowed to proceed— 14 meaning Defendant Enokenwa will be served and, upon service, he will have to answer and offer a 15 defense to Plaintiff’s claims. ECF No. 7. More specifically, Plaintiff’s application to proceed in 16 forma pauperis was granted and “Plaintiff’s Eighth Amendment claims (or alternatively, Fourteenth 17 Amendment claims) for failure to protect and excessive force, as well as his First Amendment 18 retaliation claim, based on alleged events that occurred on September 8, 2023, at CCDC will procced 19 against sergeant and CERT team member Enokenwa.” Id. at 8. The Court notes that service of 20 Plaintiff’s Complaint, required by law, was ordered, but it appears something occurred that interfered 21 with that process. 22 In sum, the Court finds Plaintiff’s proposed amended complaint is duplicative of his original 23 Complaint and, thus, leave to amend is not necessary. The Court further finds that service on CERT 24 Team Member Enokenwa must be undertaken with some urgency. 25 II. Recommendation 26 Accordingly, IT IS HEREBY RECOMMENDED that Plaintiff’s Motion for Leave to Amend 27 (ECF No. 10) be DENIED because it is duplicative of the facts and claims raised, and allowed to 1 IT IS FURTHER RECOMMENDED that Plaintiff’s original Complaint (ECF N. 1-1) remain 2 the operative complaint as it pertains to alleged wrongdoing by Enokenwa. 3 III. Order 4 IT IS HEREBY ORDERED that the Court requests Defendant CERT Team Member 5 Enokenwa waive service of the Summons and Complaint by executing, or having counsel execute, 6 a Waiver of Service of Summons. See Fed. R. Civ. P. 4(d). Such Waiver must be filed with the 7 Court no later than 30 days after this Order is issued. If Defendant chooses to return the Waiver 8 of Service of Summons, his responsive pleading will be due no later than 60 days after the date of 9 this Order. 10 IT IS FURTHER ORDERED that the Clerk of Court must mail the following documents, in 11 separate envelopes, to (1) General Counsel’s Office, Las Vegas Metropolitan Police Department and 12 (2) Defendant Enokenwa: (a) a copy of Plaintiff’s Complaint (ECF No. 8); (b) a copy of the Court’s 13 Screening Order (ECF No. 7); and (c) the Notice of Lawsuit and Request to Waive Service of 14 Summons; and the Waiver of Service of Summons form (attached as Exhibit 1). 15 The addresses to which these documents must be mailed are:

16 Sergeant Enokenwa c/o Las Vegas Metropolitan Police Department 17 400 S. Martin Luther King Blvd., Bldg. B Las Vegas, NV 89106 18 LVMPD General Counsel’s Office 19 c/o Las Vegas Metropolitan Police Department 400 S. Martin Luther King Blvd., Bldg. B 20 Las Vegas, NV 89106

21 Dated this 20th day of October, 2025.

22

23 ELAYNA J. YOUCHAH 24 UNITED STATES MAGISTRATE JUDGE

25 26 NOTICE 27 Under Local Rule IB 3-2, any objection to this Report and Recommendation must be in 1 the courts of appeal may determine that an appeal has been waived due to the failure to file objections 2 within the specified time. Thomas v. Arn,

(1985). The Ninth Circuit also held 3 that (1) failure to file objections within the specified time and (2) failure to properly address and 4 brief the objectionable issues waives the right to appeal the District Court’s order and/or appeal 5 factual issues from the order of the District Court. Martinez v. Ylst,

(9th Cir. 6 1991); Britt v. Simi Valley United Sch. Dist.,

, 454 (9th Cir. 1983). 7

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 2 EXHIBIT 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 BILLY CHANCEY, Case No. 2:24-cv-02198-RFB-EJY

4 Plaintiff, RULE 4 NOTICE OF A LAWSUIT AND v. REQUEST TO WAIVE SERVICE OF 5 SUMMONS ENOKENWA, et al., 6 Defendants. 7

8 TO: Defendant Enokenwa c/o Las Vegas Metropolitan Police Department 9 400 S. Martin Luther King Blvd., Bldg. B Las Vegas, NV 89106 10 11 A lawsuit has been filed against you or individuals/entities which you represent in this Court 12 under the number shown above. A copy of the Amended Complaint (ECF No. 5) is attached. This 13 is not a summons or an official notice from the Court. It is a request that, to avoid the cost of service 14 by the United States Marshals Service, Defendant waive formal service of a summons by signing 15 and returning the enclosed waiver. To avoid these expenses, Defendant must file the signed waiver 16 within 30 days from the date shown below, which is the date this notice was sent. 17 If you file the signed waiver, the action will then proceed as if Defendant was served on the 18 date the waiver is filed, but no summons will be served, and Defendant will have 60 days from the 19 date this notice is sent to respond to the Amended Complaint. If Defendant does not return the 20 signed waiver within the time indicated, the Court will order the United States Marshals Service to 21 personally serve the summons and Amended Complaint on Defendant and may impose the full costs 22 of such service. Please read the statement below about the duty to avoid unnecessary expenses. 23 Dated: October 20, 2025 24 ____________________________________ 25 ELAYNA J. YOUCHAH UNITED STATES MAGISGRATE JUDGE 26 27 1 Duty to Avoid Unnecessary Expenses of Serving a Summons 2 Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in 3 saving unnecessary expenses of serving a summons and Amended Complaint. A defendant who is 4 located in the United States and who fails to return a signed waiver of service requested by a plaintiff 5 located in the United States will be required to pay the expenses of service, unless the defendant 6 shows good cause for the failure. 7 “Good cause” does not include a belief that the lawsuit is groundless, or that it has been 8 brought in an improper venue, or that the Court has no jurisdiction over this matter or over a 9 defendant or a defendant’s property. 10 If the waiver is signed and filed, you can still make these and all other defenses and 11 objections, but you cannot object to the absence of a summons or of service. 12 If you waive service, then you must—within the time specified on the waiver form—serve 13 an answer or a motion under Rule 12 on the plaintiff and file a copy with the Court. By signing and 14 returning the waiver form, you are allowed more time to respond than if a summons had been served.

15 16 17 18 19 20 21 22 23 24 25 26 27 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 BILLY CHANCEY, Case No. 2:24-cv-02198-RFB-EJY 4 RULE 4 WAIVER OF SERVICE OF 5 Plaintiff, SUMMONS v. 6

7 ENOKENWA, et al., Defendants. 8

9 TO: The United States District Court for the District of Nevada 10 The following Defendant(s) acknowledge receipt of your request to waive service of 11 summons in this case. Defendant(s) also received a copy of the Amended Complaint (ECF No. 5). 12 I am authorized by the following Defendant(s) to agree to save the cost of service of a summons and 13 an additional copy of the Amended Complaint in this action by not requiring that the following be 14 served with judicial process in the case provided by Rule 4 of the Federal Rules of Civil Procedure: ____________________________; _____________________________; 15 ____________________________; _____________________________; 16 The above-named Defendant(s) understand that they will keep all defenses or objections to 17 the lawsuit, the Court’s jurisdiction, and the venue of the action, but waive any objections to the 18 absence of a summons or of service. Defendant(s) also understand that they must file and serve an 19 answer or a motion under Rule 12 within 60 days from the date when the Request for Waiver of 20 Service of Summons was filed and that default judgment will be entered against them if they fail to 21 do so. 22

23 Date: (Signature of attorney or unrepresented party) 24

25 Printed name

26 Address:

27 Email Address: