Allan Moore v. Metro Police Department, et al.

District Court, D. Nevada

Allan Moore v. Metro Police Department, et al.

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 * * *

4 Allan Moore, Case No. 2:24-cv-01684-JAD-BNW

5 Plaintiff, ORDER 6 v.

7 Metro Police Department, et al.,

8 Defendants.

9 10 This Court ordered Plaintiff to complete a USM-285 form for each Defendant and furnish 11 those forms to the U.S. Marshals (“USM”) for service by June 19, 2025. ECF No. 12. The 12 summonses were returned unexecuted because the USM never received the USM-285 forms from 13 Plaintiff. ECF No. 14. This Court afforded Plaintiff one last opportunity to serve Defendants, and 14 it extended the time for service until November 12, 2025. ECF No. 17. However, Plaintiff never 15 received that order because he was no longer in custody. ECF No. 19. After this Court entered a 16 minute order directing Plaintiff to update his address, he did so. ECF No. 20. Because Plaintiff 17 never received this Court’s prior order regarding service, it will extend the time for service and 18 afford him one more chance to serve Defendants. Failure to do so will likely result in a 19 recommendation that this case be dismissed for failure to complete service of process. Local Rule 20 IA 11-8; Fed. R. Civ. P. 4(m). 21 Under Federal Rule of Civil Procedure 4(m), if the defendants are not served within 90 22 days after the complaint is filed, the court, on motion or on its own after notice to the plaintiff, 23 must dismiss the action without prejudice against the unserved defendants or order that service be 24 made within a specified time. However, “if the plaintiff shows good cause for the failure, the 25 court must extend the time for service for an appropriate period.” Fed. R. Civ. P. 4(m). In the 26 absence of good cause, the court has discretion to dismiss the case without prejudice or to extend 27 the time for service. In re Sheehan,

253 F.3d 507, 512

(9th Cir. 2001). Here, Plaintiff has neither 1 || its discretion, will extend the time for service by 60 days (February 16, 2026) given Plaintiff's 2 || participation in his case. 3 IT IS ORDERED that the Clerk of Court is kindly directed to: (1) issue summonses to 4 || Defendants Metro Police Department and Clark County; (2) deliver the summonses, two copies 5 || of the complaint (ECF No. 6), and this Order to the U.S. Marshal; and (3) mail Plaintiff two blank 6 || copies of Form USM-285 and a copy of this Order. 7 IT IS FURTHER ORDERED that Plaintiff will have until January 15, 2026, to send to 8 || the U.S. Marshal the completed USM-285 forms. 9 IT IS FURTHER ORDERED that the U.S. Marshal must, in accordance with Federal 10 || Rule of Civil Procedure 4(c)(3), attempt service on Defendants within 21 days of receiving the 11 || USM-285 forms. 12 IT IS FURTHER ORDERED that service must be completed no later than February 16, 13 || 2026. Failure to timely serve Defendants will likely result in a recommendation that this case be 14 || dismissed for failure to complete service of process pursuant to Federal Rule of Civil Procedure 15 || 4(m). 16 17 DATED: December 16, 2025 18 19 Zi gm lea Are Eat, BRENDA WEKSLER □ 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28

Reference

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