Howard v. State Of Nevada et al

Filing 17

ORDER Granting 5 Motion/Application for Leave to Proceed in forma pauperis. Clerk shall serve this Order and 7 Amended Complaint upon Attorney General's Office Electronically. The Attorney Generals Office shall advise the Court within twen ty-one (21) days of the date of the entry of this order whether it can accept service of process for the named defendants. Answer due within 60 days of entry of this Order. Signed by Magistrate Judge Robert J. Johnston on 5/9/12. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ABDUL HOWARD,
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Plaintiff,

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vs.

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STATE OF NEVADA, et al.,

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Defendants.

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2:11-cv-01700-JCM-RJJ
ORDER

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Plaintiff has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 as well as

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an application to proceed in forma pauperis. Based on the financial information provided, the court

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finds that plaintiff is unable to pay the filing fee in this matter. Therefore,

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IT IS ORDERED as follows:

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1.

Plaintiff’s application to proceed in forma pauperis (ECF #5) is GRANTED.

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2.

The movant herein is permitted to maintain this action to conclusion without the

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necessity of prepayment of any additional fees or costs or the giving of security therefor.

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This order granting leave to proceed in forma pauperis shall not extend to the issuance

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of subpoenas at government expense.

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3.

The Clerk shall electronically SERVE a copy of this order and a copy of plaintiff’s

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complaint on the Office of the Attorney General of the State of Nevada, attention Pamela

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Sharp.

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4.

The Attorney General’s Office shall advise the Court within twenty-one (21) days of the

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date of the entry of this order whether it can accept service of process for the named

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defendants. As to any of the named defendants for which the Attorney General’s Office

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cannot accept service, the Office shall file, under seal, the last known address(es) of

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those defendant(s).

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5.

If service cannot be accepted for any of the named defendant(s), plaintiff shall file a

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motion identifying the unserved defendant(s), requesting issuance of a summons, and

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specifying a full name and address for said defendant(s).

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6.

If the Attorney General accepts service of process for any named defendant(s), such

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defendant(s) shall file and serve an answer or other response to the complaint within

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sixty (60) days from the date of this order.

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7.

Henceforth, plaintiff shall serve upon defendant(s) or, if an appearance has been entered

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by counsel, upon their attorney(s), a copy of every pleading, motion or other document

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submitted for consideration by the court. Plaintiff shall include with the original paper

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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. If counsel has

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entered a notice of appearance, the plaintiff shall direct service to the individual attorney

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named in the notice of appearance, at the address stated therein. The court may disregard

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any paper received by a district judge or magistrate judge which has not been filed with

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the Clerk, and any paper received by a district judge, magistrate judge, or the Clerk

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which fails to include a certificate showing proper service.

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IT IS SO ORDERED.

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DATED: May 9, 2012.

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_________________________________________
UNITED STATES MAGISTRATE JUDGE

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