Bacon v. Reyes

Filing 44

ORDER Granting 15 Plaintiff's Motion/Application for Leave to Proceed in forma pauperis. The Nevada Department of Corrections shall pay to the clerk of the United States District Court, District of Nevada, 20% of the preceding months de posits to Plaintiffs account (inmate #89428), in the months that the account exceeds $10.00, until the full $350.00 filing fee has been paid. Within 21 days, the Attorney Generals Office shall file a notice regarding Defendants. See Order for details. Signed by Judge James C. Mahan on 03/01/2013. (Copies have been distributed pursuant to the NEF - CC: Finance, Chief of Inmate Services for the Nevada Department of Corrections, and Pamela Sharp - AC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PERCY LAVAE BACON,

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Plaintiff,

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vs.

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OSWALD REYES, et al.,

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Case No. 2:12-cv-01222-JCM-VCF

Defendants.

ORDER

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Plaintiff, who is in the custody of the Nevada Department of Corrections, has submitted a

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civil rights complaint pursuant to 42 U.S.C. § 1983 (#31) and an application to proceed in forma

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pauperis (#15). The court finds that plaintiff is unable to prepay the full filing fee in this matter, but

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plaintiff will need to pay the filing fee through monthly installments.

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IT IS THEREFORE ORDERED that:

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1.

Plaintiff’s application to proceed in forma pauperis (#15) is GRANTED. Plaintiff

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shall not be required to pay an initial installment of the filing fee. If this action is

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dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. § 1915(b)(2).

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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

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therefor. This order granting leave to proceed in forma pauperis shall not extend to

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the issuance of subpoenas at government expense.

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3.

Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections shall pay
to the clerk of the United States District Court, District of Nevada, 20% of the

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preceding month’s deposits to plaintiff’s account (inmate #89428), in the months that

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the account exceeds $10.00, until the full $350.00 filing fee has been paid for this

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action. The clerk of the court shall send a copy of this order to the finance division

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of the clerk’s office. The clerk shall also send a copy of this order to the attention of

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the Chief of Inmate Services for the Nevada Department of Corrections, P.O. Box

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7011, Carson City, NV 89702.

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4.

The clerk shall electronically serve a copy of this order, a copy of the court’s

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screening order (#30) and a copy of plaintiff’s complaint (#31) on the Office of the

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Attorney General of the State of Nevada, attention Pamela Sharp.

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5.

Subject to the findings of the screening order (#30), within twenty-one (21) days of

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the date of entry of this order, the Attorney General’s Office shall file a notice

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advising the court and plaintiff of: (a) the names of the defendants for whom it

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accepts service; (b) the names of the defendants for whom it does not accept service,

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and (c) the names of the defendants for whom it is filing last-known-address

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information under seal. As to any of the named defendants for which the Attorney

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General’s Office cannot accept service, the Office shall file, under seal, the last

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known address(es) of those defendant(s) for whom it has such information.

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6.

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 the defendant(s). For the defendant(s) as to

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which the Attorney General has not provided last-known-address information,

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plaintiff shall provide the full name and address for the defendant(s).

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7.

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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8.

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

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

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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

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copy of the document was mailed to the defendants or counsel for the defendants. If

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counsel has entered a notice of appearance, the plaintiff shall direct service to the

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individual attorney named in the notice of appearance, at the address stated therein.

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The court may disregard any paper received by a district judge or magistrate judge

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which has not been filed with the clerk, and any paper received by a district judge,

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magistrate judge, or the clerk which fails to include a certificate showing proper

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service.

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IT IS SO ORDERED.

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DATED: March 1, 2013.

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_________________________________
JAMES C. MAHAN
United States District Judge

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