Wordlaw v. Neven et al

Filing 14

ORDER Granting 1 Motion/Application for Leave to Proceed in forma pauperis. The Clerk shall send a copy of this order to the Clark County Detention Center Accounting Supervisor. The Clerk shall electronically SERVE a copy of this order and a copy of plaintiffs complaint on the Office of the Attorney General of the State of Nevada, attention Kat Howe. Attorney General's Office shall file a notice regarding service within 21 days of the entry of this order. If the Attorney General accepts service of process for any named defendant(s), such defendant(s) shall file and serve an answer or other response to the complaint within sixty (60) days from the date of this order. Signed by Magistrate Judge George Foley, Jr on 9/13/13. (Copies have been distributed pursuant to the NEF - cc: NVAG and Clark County Detention Center Accounting Supervisor - EDS) Modified on 9/13/2013 (EDS).

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8
9
10
11
12

FREDERICK WORDLAW,

)
)
Plaintiff,
)
)
vs.
)
)
DWIGHT NEVEN, et al.,
)
)
Defendants.
)
____________________________________)

Case No. 2:13-cv-00927-JAD-GWF
ORDER

13
14

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

15

rights complaint pursuant to 42 U.S.C. § 1983 (ECF No. 3) and an application to proceed in forma

16

pauperis (ECF No. 1). Based on the financial information provided, the court finds that plaintiff is

17

unable to prepay the full filing fee in this matter. Therefore,

18

IT IS ORDERED as follows:

19

1.

Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is GRANTED; no

20

initial partial filing fee toward the full filing fee of three hundred fifty dollars ($350.00)

21

shall be required. However, even if this action is dismissed, the full filing fee must still

22

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

23

2.

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

24

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

25

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

26

at government expense.

27
28

3.

Pursuant to 28 U.S.C. § 1915(b)(2), the Clark County Detention Center shall pay to
the Clerk of the United States District Court, District of Nevada, 20% of the preceding

1

month’s deposits to the prisoner’s account (in months that the account exceeds $10.00)

2

until the full three hundred fifty dollar ($350.00) filing fee has been paid for this action.

3

If Plaintiff should be transferred and become under the care of the Nevada Department

4

of Prisons, the Clark County Detention Center Accounting Supervisor is directed to

5

send a copy of this order to the attention of the Chief of Inmate Services for the Nevada

6

Department of Prisons, P.O. Box 7011, Carson City, NV 89702, indicating the amount

7

that Plaintiff has paid toward his filing fee, so that funds may continue to be deducted

8

from Plaintiff’s account. The Clerk shall send a copy of this order to the Clark County

9

Detention Center Accounting Supervisor, 330 S. Casino Center Blvd., Las Vegas, NV

10
11

89101.
4.

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

12

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

13

Howe.

14

5.

Subject to the findings of the screening order (ECF Nos. 2 and 5), within twenty-one

15

(21) days of the date of entry of this order, the Attorney General’s Office shall file a

16

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

17

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

18

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

19

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

20

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

21

those defendant(s) for whom it has such information.

22

6.

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

23

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

24

specifying a full name and address for the defendant(s). For the defendant(s) as to which

25

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

26

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

27
28

2

1

7.

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

2

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

3

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

4

8.

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

5

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

6

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

7

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

8

document was mailed to the defendants or counsel for the defendants. If counsel has

9

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

10

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

11

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

12

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

13

Clerk which fails to include a certificate showing proper service.

14

IT IS SO ORDERED.

15

DATED: September 13, 2013.

16
17

_________________________________________
UNITED STATES MAGISTRATE JUDGE

18
19
20
21
22
23
24
25
26
27
28

3