Long v. Neven et al

Filing 17

ORDER Granting 1 Application for Leave to Proceed in forma pauperis. The Attorney Generals Office shall file a notice of defendants for whom it accepts service and which defendants it does not accept service within 21 days. If the Atto rney General accepts service of process for any named defendant(s), an answer or other response to the complaint is due within 60 days. Signed by Magistrate Judge George Foley, Jr on 8/28/2013. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 FELIX LONG, 9 Plaintiff, 10 vs. 11 DWIGHT NEVEN, et al., 12 Defendants. ) ) ) ) ) ) ) ) ) / 2:13-cv-00699-MMD-GWF ORDER 13 14 This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983. Plaintiff 15 has submitted a civil rights complaint and an application to proceed in forma pauperis. (ECF No. 16 1). Based on the financial information provided, the Court finds that plaintiff is unable to prepay 17 the full filing fee in this matter. 18 IT IS THEREFORE ORDERED that: 19 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is GRANTED. 20 2. The Clerk shall electronically SERVE a copy of this order and a copy of plaintiff’s 21 complaint on the Office of the Attorney General of the State of Nevada, attention 22 Kat Howe. 23 3. Subject to the findings of the screening order (ECF No. 4), within twenty-one (21) 24 days of the date of entry of this order, the Attorney General’s Office shall file a 25 notice advising the Court and plaintiff of: (a) the names of the defendants for whom 26 it accepts service; (b) the names of the defendants for whom it does not accept 27 service, and (c) the names of the defendants for whom it is filing last-known-address 28 information under seal. As to any of the named defendants for which the Attorney 1 General’s Office cannot accept service, the Office shall file, under seal, the last 2 known address(es) of those defendant(s) for whom it has such information. 3 4. If service cannot be accepted for any of the named defendant(s), plaintiff shall file a 4 motion identifying the unserved defendant(s), requesting issuance of a summons, 5 and specifying a full name and address for the defendant(s). For the defendant(s) as 6 to which the Attorney General has not provided last-known-address information, 7 plaintiff shall provide the full name and address for the defendant(s). 8 5. 9 defendant(s) shall file and serve an answer or other response to the complaint within 10 11 If the Attorney General accepts service of process for any named defendant(s), such sixty (60) days from the date of this order. 6. Henceforth, plaintiff shall serve upon defendant(s) or, if an appearance has been 12 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other 13 document submitted for consideration by the Court. Plaintiff shall include with the 14 original paper submitted for filing a certificate stating the date that a true and correct 15 copy of the document was mailed to the defendants or counsel for the defendants. If 16 counsel has entered a notice of appearance, the plaintiff shall direct service to the 17 individual attorney named in the notice of appearance, at the address stated therein. 18 The Court may disregard any paper received by a district judge or magistrate judge 19 which has not been filed with the Clerk, and any paper received by a district judge, 20 magistrate judge, or the Clerk which fails to include a certificate showing proper 21 service. 22 Dated this 28th day of August, 2013. 23 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

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