Hendrix v. State of Nevada et al

Filing 37

ORDER Granting 1 Motion/Application for Leave to Proceed in forma pauperis. Clerk of Court shall SEND a copy of this order to the Finance Division of the Clerk's Office. The Clerk shall also SEND a copy of this order to the attention of th e Chief of Inmate Services for the Nevada Department of Corrections. Clerk shall electronically serve a copy of this order and a copy of 21 Plaintiff's Amended Complaint on the Office of the Attorney General of the State of Nevada, attention K at Howe. Attorney General's Office shall file a notice regarding service. IF the Attorney General accepts service for any named defendant, such defendants shall file an answer or other response to the amended complaint within 60 days of this order. Signed by Magistrate Judge Peggy A. Leen on 7/11/2014. (Copies have been distributed pursuant to the NEF - cc: Kat Howe, Finance, Chief of Inmate Services, Plaintiff - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMAL DAMON HENDRIX,
Plaintiff,

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ORDER

v.
STATE OF NEVADA, et al.,
Defendants.

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Case No. 2:13-cv-2003-APG-PAL

This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. ' 1983 by a state

14 prisoner. Plaintiff has submitted an application to proceed in forma pauperis. (ECF No. 1).
15 Based on the financial information provided, the Court finds that Plaintiff is unable to prepay the
16 full filing fee in this matter.
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The Court entered a screening order on April 4, 2014. (ECF No. 28). The screening

18 order imposed a 90-day stay and the Court entered a subsequent order in which the parties were
19 assigned to mediation by a court-appointed mediator. (ECF No. 28, 31, 32). The Office of the
20 Attorney General has filed a status report indicating that settlement has not been reached and
21 informing the Court of its intent to proceed with this action. (ECF No. 36).
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For the foregoing reasons, IT IS ORDERED that:

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1.

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

24 Plaintiff shall not be required to pay an initial installment of the filing fee. In the event that this
25 action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. ' 1915(b)(2).
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2.

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

27 necessity of prepayment of any additional fees or costs or the giving of security therefor. This
28 order granting leave to proceed in forma pauperis shall not extend to the issuance of subpoenas
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1 at government expense.
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3.

Pursuant to 28 U.S.C. ' 1915(b)(2), the Nevada Department of Corrections shall

3 pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding
4 month=s deposits to Plaintiff=s account (Jamal Damon Hendrix, #1083418), in the months that
5 the account exceeds $10.00, until the full $350.00 filing fee has been paid for this action. The
6 Clerk of the Court shall SEND a copy of this order to the Finance Division of the Clerk=s Office.
7 The Clerk of the Court shall also SEND a copy of this order to the attention of the Chief of
8 Inmate Services for the Nevada Department of Corrections, P.O. Box 7011, Carson City, NV
9 89702.
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4.

The Clerk of the Court shall electronically SERVE a copy of this order and a

11 copy of Plaintiff=s amended complaint (ECF No. 21) on the Office of the Attorney General of the
12 State of Nevada, attention Kat Howe.
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5.

Subject to the findings of the screening order (ECF No. 28), within twenty-one

14 (21) days of the date of entry of this order, the Attorney General=s Office shall file a notice
15 advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts service;
16 (b) the names of the defendants for whom it does not accept service, and (c) the names of the
17 defendants for whom it is filing last-known-address information under seal. As to any of the
18 named defendants for which the Attorney General=s Office cannot accept service, the Office shall
19 file, under seal, the last known address(es) of those defendant(s) for whom it has such
20 information.
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6.

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

22 a motion identifying the unserved defendant(s), requesting issuance of a summons, and
23 specifying a full name and address for the defendant(s). For the defendant(s) as to which the
24 Attorney General has not provided last-known-address information, Plaintiff shall provide the
25 full name and address for the defendant(s).
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7.

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

27 such defendant(s) shall file and serve an answer or other response to the amended complaint
28 within sixty (60) days from the date of this order.
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8.

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

2 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document
3 submitted for consideration by the Court.

Plaintiff shall include with the original paper

4 submitted for filing a certificate stating the date that a true and correct copy of the document was
5 mailed to the defendants or counsel for the defendants. If counsel has entered a notice of
6 appearance, Plaintiff shall direct service to the individual attorney named in the notice of
7 appearance, at the address stated therein. The Court may disregard any paper received by a
8 district judge or magistrate judge which has not been filed with the Clerk, and any paper received
9 by a district judge, magistrate judge, or the Clerk which fails to include a certificate showing
10 proper service.
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DATED this 11th day of July 2014.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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