Davis v. Nevens et al

Filing 12

ORDER Granting 1 Motion/Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that 4 and 5 Motion/Application for Leave to Proceed in forma pauperis are DENIED as MOOT. Clerk shall electronically serve a copy of this order and 8 Plaintiff's complaint on the Office of the Attorney General of the State of Nevada, attention Kat Howe. Within 21 days, Attorney General's Office shall file a notice advising the Court and Plaintiff of service. Signed by Judge Andrew P. Gordon on 2/28/2014. (Copies have been distributed pursuant to the NEF - cc: Kat Howe - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHARLES DAVIS,

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Plaintiff,

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vs.

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DWIGHT NEVEN, et al.,

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Defendants.

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Case No. 2:13-cv-01380-APG-PAL
ORDER

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This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983.1 Plaintiff

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has submitted an application to proceed in forma pauperis. (Dkt. No. 1). Based on the financial

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information provided, the Court finds that plaintiff is entitled to proceed in forma pauperis in this

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matter. Plaintiff’s two subsequent applications to proceed in forma pauperis (Dkt. Nos. 4 & 5) are

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denied as moot.

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The Court entered a screening order on November 19, 2013. (Dkt. No. 7). The screening

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order imposed a 90-day stay and the Court entered a subsequent order encouraging the parties to

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engage in informal settlement discussions. (Dkt. Nos. 7 & 10). The Office of the Attorney General

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Plaintiff was incarcerated within the Nevada Department of Corrections (NDOC) at the time
he filed the complaint. On November 20, 2013, plaintiff filed a notice of address change indicating that
he resides at a street address in Las Vegas, Nevada. (Dkt. No. 9).

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has filed a status report indicating that settlement was not reached and informing the Court of its

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intent to proceed with this action. (Dkt. No. 11).

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IT IS THEREFORE ORDERED that:

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1.

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

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Plaintiff’s subsequent applications to proceed in forma pauperis (Dkt. No. 4 & 5) are DENIED AS

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MOOT.

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2.

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

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complaint (Dkt. No. 8) on the Office of the Attorney General of the State of Nevada, attention Kat

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Howe.

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3.

Subject to the findings of the screening order (Dkt. No. 7), 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 advising the Court

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and plaintiff of: (a) the names of the defendants for whom it accepts service; (b) the names of the

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

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filing last-known-address information under seal. As to any of the named defendants for which the

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

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

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4.

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 specifying a

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full name and address for the defendant(s). For the defendant(s) as to which the Attorney General

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has not provided last-known-address information, plaintiff shall provide the full name and address

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for the defendant(s).

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5.

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 sixty (60) days

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from the date of this order.

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6.

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

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

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

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certificate stating the date that a true and correct copy of the document was mailed to the defendants

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or counsel for the defendants. If counsel has entered a notice of appearance, the plaintiff shall direct

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service to the 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 which has not

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

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which fails to include a certificate showing proper service.

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Dated: February 28, 2014.

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_________________________________________
UNITED STATES DISTRICT JUDGE

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