Saintal v. Cox et al

Filing 12

ORDER Granting 1 Plaintiff's Motion/Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that the Nevada Department of Corrections shall pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding months deposits to Plaintiff's account in the months that the account exceeds $10.00. The Attorney Generals Office shall file a notice regarding acceptance of service within 21 days. If the Attorney General accepts servi ce of process for any named defendant(s), such defendant(s) shall file and serve an answer or other response to the complaint within 60 days. Signed by Magistrate Judge Carl W. Hoffman on 02/19/2014. (Copies have been distributed pursuant to the NEF - CC: Finance and Chief of Inmate Services - AC)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
10
PRISCELLA SAINTAL,
11
Plaintiff,
12
vs.
13
JAMES C. COX, et al.,
14
Defendants.
15

)
)
)
)
)
)
)
)
)
/

2:13-cv-01293-JCM-CWH
ORDER

16
This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state
17
prisoner. Plaintiff has submitted an application to proceed in forma pauperis. (ECF No. 1). Based
18
on the financial information provided, the Court finds that plaintiff is unable to prepay the full filing
19
fee in this matter.
20
The Court entered a screening order on November 20, 2013. (ECF No. 7). The screening
21
order imposed a 90-day stay and the Court entered a subsequent order encouraging the parties to
22
engage in informal settlement discussions. (ECF Nos. 7 & 9). The Office of the Attorney General
23
has filed a status report indicating that settlement was not reached and informing the Court of its
24
intent to proceed with this action. (ECF No. 11).
25
IT IS THEREFORE ORDERED that:
26
1.

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

1

Plaintiff shall not be required to pay an initial installment of the filing fee. In the

2

event that this action is dismissed, the full filing fee must still be paid pursuant to

3

28 U.S.C. § 1915(b)(2).

4

2.

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

5

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

6

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

7

the issuance of subpoenas at government expense.

8

3.

9

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

10

preceding month’s deposits to plaintiff’s account (Priscella Saintal, #28661), in the

11

months that the account exceeds $10.00, until the full $350.00 filing fee has been paid

12

for this action. The Clerk of the Court shall SEND a copy of this order to the Finance

13

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

14

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

15

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

16

4.

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

17

complaint (ECF No. 8) on the Office of the Attorney General of the State of Nevada,

18

attention Kat Howe.

19

5.

Subject to the findings of the screening order (ECF No. 7), within twenty-one (21)

20

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

21

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

22

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

23

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

24

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

25

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

26

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

2

1

6.

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

2

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

3

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

4

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

5

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

6

7.

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

7

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

8

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

9

8.

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

10

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

11

document submitted for consideration by the Court. Plaintiff shall include with the

12

original paper submitted for filing a certificate stating the date that a true and correct

13

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

14

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

15

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

16

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

17

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

18

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

19

service.

20

Dated this 19th day of February, 2014.

21
22
23

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

24
25
26

3