McCarty v. Roos et al

Filing 31

ORDERED that Plaintiff's Application to Proceed in Forma Pauperis having been GRANTED by the Court, Plaintiff shall not be required to pre-pay the full filing fee of $350.00. FURTHER ORDERED that the Clerk shall issue summons to the named defendants and deliver same to the US Marshal for service. Plaintiff shall have 20 days in which to furnish to the US Marshal the required Forms USM-285. Signed by Magistrate Judge Robert J. Johnston on 4/4/12. (Copies have been distributed pursuant to the NEF; blank 285 forms to plaintiff - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ROBERT JOSEPH MCCARTY,
Plaintiff,

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vs.

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Case No. 2:11-cv-1538-JCM-RJJ

JOHN V. ROOS,

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ORDER

Defendants.

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Plaintiff submitted an Application to Proceed in Forma Pauperis (#1) and a Civil

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Rights Complaint Pursuant to 42 U.S.C. § 1983. At a hearing held on the Application (#1), Plaintiff

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was granted in forma pauperis status and further, was ordered to file an amended complaint on or

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before December 16, 2011. See, Minutes of Proceedings (#6). The Amended Complaint (#8) having

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been timely filed and good cause appearing therefore,

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IT IS THEREFORE ORDERED that Plaintiff's Application to Proceed in Forma

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Pauperis having been GRANTED by the Court as noted above, Plaintiff shall not be required to

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pre-pay the full filing fee of three hundred fifty dollars ($350.00).

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IT IS FURTHER ORDERED that the movant herein is permitted to maintain this

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action to conclusion without the necessity of prepayment of any additional fees or costs or the

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giving of security therefor. This Order granting leave to proceed in forma pauperis shall not extend

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to the issuance of subpoenas at government expense.

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IT IS FURTHER ORDERED that the Clerk of the Court shall issue summons to
the named defendants herein, and deliver same to the United States Marshal for service.

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Plaintiff shall have twenty (20) days in which to furnish to the United States Marshal

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the required Forms USM-285. Within twenty (20) days after receiving from the U.S. Marshal a

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copy of the Form USM-285 showing whether service has been accomplished, Plaintiff must file a

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notice with the Court identifying which defendants were served and which were not served, if any.

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If Plaintiff wishes to have service again attempted on an unserved defendant(s), then a motion must

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be filed with the Court identifying the unserved defendant(s) and specifying a more detailed name

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and/or address for said defendant(s), or whether some other manner of service should be attempted.

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Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, service must be accomplished within

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one hundred twenty (120) days from the date that the Complaint was filed.

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IT IS FURTHER ORDERED that henceforth, Plaintiff shall serve upon defendants

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or, if appearance has been entered by counsel, upon the attorney(s), a copy of every pleading,

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motion or other document submitted for consideration by the court. Plaintiff shall include with the

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original paper submitted for filing a certificate stating the date that a true and correct copy of the

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document was mailed to the defendants or counsel for the defendants. The court may disregard any

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paper received by a district judge or magistrate judge which has not been filed with the Clerk, and

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any paper received by a district judge, magistrate judge or the Clerk which fails to include a

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certificate of service.

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DATED this 4th day of April, 2012.

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ROBERT J. JOHNSTON
United States Magistrate Judge

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