Howard v. Foster et al

Filing 10

ORDER Granting 1 Plaintiff's Motion/Application for Leave to Proceed in forma pauperis. The Clerk shall electronically SERVE a copy of this order and a copy of 4 Plaintiffs Complaint on the Office of the Attorney General of the State o f Nevada, attention Kat Howe. The Attorney Generals Office shall file a notice within 21 days regarding acceptance of service. Defendant(s) shall file and serve an answer or other response to the complaint within sixty (60) days if the Attorney General accepts service. See Order for details. Signed by Magistrate Judge Nancy J. Koppe on 01/21/2014. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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REGINALD HOWARD,
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Plaintiff,
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vs.
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S. FOSTER, et al.,
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Defendants.
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2:13-cv-01368-JCM-NJK
ORDER

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Plaintiff has submitted an application to proceed in forma pauperis. (ECF No. 1). Based on the
financial information provided, the Court grants the application.

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The Court entered a screening order on October 22, 2013, which imposed a 90-day mediation

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stay. (ECF No. 3). A mediation conference was scheduled for January 10, 2014. (ECF No. 7). The

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Office of the Attorney General has filed a status report indicating that settlement was not reached and

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informing the Court of its intent to proceed with this action. (ECF No. 9).

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IT IS THEREFORE ORDERED that:

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1.

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

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

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(ECF No. 4) on the Office of the Attorney General of the State of Nevada, attention Kat

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Howe.

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2.

Subject to the findings of the screening order (ECF No. 3), within twenty-one (21) days

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of 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 accepts

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

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names of the defendants for whom it is filing last-known-address information under seal.

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As to any of the named defendants for which the Attorney General’s Office cannot

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accept service, the Office shall file, under seal, the last known address(es) of those

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defendant(s) for whom it has such information.

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3.

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 which

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

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

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4.

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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5.

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

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

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

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

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

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

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

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

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

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Clerk which fails to include a certificate showing proper service.

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Dated: this 21st day of January, 2014.

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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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