Cone v. John Doe, et al

Filing 12

ORDER Granting 1 APPLICATION for Leave to Proceed in forma pauperis. The Attorney Generals Office shall advise the Court within 21 days of the date of the entry of this order whether it can accept service of process for the named defendan ts. If the Attorney General accepts service of process an answer or other response to the complaint is due within 60 days. Signed by Magistrate Judge Carl W. Hoffman on 5/23/2013. (Copies have been distributed pursuant to the NEF; CC: Finance, Chief of Inmate Services, Pamela Sharp - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANDREW CONE,

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Plaintiff,

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vs.

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JOHN DOES, et al.,

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Defendants.

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2:12-cv-01284-JCM-CWH
ORDER

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Plaintiff, who is in the custody of the Nevada Department of Corrections, has filed an

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amended civil rights complaint pursuant to 42 U.S.C. § 1983 (ECF No. 6) and an application to

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proceed in forma pauperis (ECF No. 1). Based on the financial information provided, the court finds

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that plaintiff is unable to prepay the full 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 No. 1) is GRANTED; no

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initial partial filing fee toward the full filing fee of three hundred fifty dollars

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($350.00) shall be required. However, even if this action is dismissed, the full filing

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fee must still be paid pursuant to 28 U.S.C. § 1915(b)(2).

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2.

The plaintiff is permitted to maintain this action to conclusion without the necessity

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

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

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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

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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 #1082144), in the months

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that 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

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Division of the Clerk’s Office. The Clerk shall also SEND a copy of this order to the

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attention of the Chief of Inmate Services for the Nevada Department of Corrections,

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P.O. Box 7011, Carson City, NV 89702.

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4.

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

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Pamela Sharp.

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5.

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

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

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named defendants. 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).

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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 said 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.
DATED: May 23, 2013.

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_________________________________________
C.W. Hoffman, Jr.
UNITED STATES MAGISTRATE JUDGE

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