Luna-Dominguez v. Williams et al

Filing 11

ORDER Granting 1 Application for Leave to Proceed in forma pauperis. Partial Payment of filing fees due within 30 days. Notice of service due within 21 days. Answer due within 60 days. Signed by Magistrate Judge Carl W. Hoffman on 8/7/2014. (Copies have been distributed pursuant to the NEF; CC: Finance, AG, NDOC - SLR)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9
10
11
12
13

RICARDO LUNA-DOMINGUEZ,

)
)
Plaintiff,
)
)
v.
)
)
BRIAN E. WILLIAMS et al.,
)
)
Defendants.
)
)
___________________________________ )

2:14-cv-292-GMN-CWH
ORDER

14

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

15

prisoner. Plaintiff has submitted an application to proceed in forma pauperis. (ECF No. 1).

16

Based on the financial information provided, the Court will grant Plaintiff leave to proceed in

17

forma pauperis, but will require Plaintiff to pay an initial installment of the filing fee pursuant

18

to 28 U.S.C. § 1915. The grant of in forma pauperis status adjusts the amount of the filing fee

19

that Plaintiff must prepay – Plaintiff will be required to prepay an initial installment of $32.67,

20

instead of having to prepay the full $350.00 filing fee for this action. The entire $350.00 filing

21

fee will, however, remain due from Plaintiff, and the institution where Plaintiff is incarcerated

22

will collect money toward the payment of the full filing fee when Plaintiff’s institutional account

23

has a sufficient balance, pursuant to 28 U.S.C. § 1915. The entire $350.00 filing fee will

24

remain due and payable, and will be collected from Plaintiff’s institutional account regardless

25

of the outcome of this action.

26

On April 21, 2014, the Court entered a screening order. (ECF No. 2). The screening

27

order imposed a 90-day stay and the Court entered a subsequent order assigning the case

28

to mediation by a court-appointed mediator. (ECF No. 2, 6). The Office of the Attorney
General has filed a status report indicating that settlement was not reached and informing the

1

Court of its intent to proceed with this action. (ECF No. 10).

2

IT IS THEREFORE ORDERED that:

3

1.

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

4

however, Plaintiff must pay an initial partial filing fee of $32.67 toward the full filing fee of

5

$350.00.

6

designated fee sent to the Clerk of the Court. Failure to do so may result in dismissal of this

7

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

8

to 28 U.S.C. § 1915(b)(2).

9

2.

Plaintiff shall have thirty (30) days from the date of this order to have the

Plaintiff is permitted to maintain this action to conclusion without the necessity

10

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

11

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

12

government expense.

13

3.

The Clerk of the Court shall SEND Plaintiff two copies of this order. Plaintiff

14

SHALL make necessary arrangements to have one copy of this order attached to the check

15

in the amount of the designated fee, by sending a copy of the order with the “brass slip” for the

16

amount of the fee to Inmate Services for the Nevada Department of Corrections.

17

4.

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

18

pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding

19

month’s deposits to Plaintiff’s account (Ricardo Luna-Dominguez, #1026345), in the months

20

that the account exceeds $10.00, until the full $350.00 filing fee has been paid for this action.

21

The Clerk of the Court shall SEND a copy of this order to the Finance Division of the Clerk’s

22

Office. The Clerk of the Court shall also SEND a copy of this order to the attention of the

23

Chief of Inmate Services for the Nevada Department of Corrections, P.O. Box 7011, Carson

24

City, NV 89702.

25

5.

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

26

of Plaintiff’s complaint (ECF No. 3) on the Office of the Attorney General of the State of

27

Nevada, attention Kat Howe.

28

6.

Subject to the findings of the screening order (ECF No. 2), within twenty-one
2

1

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

2

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

3

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

4

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

5

to any of the named defendants for which the Attorney General’s Office cannot accept service,

6

the Office shall file, under seal, the last known address(es) of those defendant(s) for whom

7

it has such information.
7.

8

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

9

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

10

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

11

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

12

full name and address for the defendant(s).
8.

13

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

14

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

15

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

16

///

17

///

18

///

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
3

1

9.

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

5

was mailed to the defendants or counsel for the defendants. If counsel has entered a notice

6

of 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

8

a district judge or magistrate judge which has not been filed with the Clerk, and any paper

9

received by a district judge, magistrate judge, or the Clerk which fails to include a certificate

10
11

showing proper service.
Dated this 7th day of August, 2014.

12
13
14

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

15
16
17
18
19
20
21
22
23
24
25
26
27
28
4