Tagle v. State of Nevada et al

Filing 58

ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is denied as moot. FURTHER ORDERED that 28 Motion/Application for Leave to Proceed in forma pauperis is granted. Plaintiff shall not be required to pay an initial installm ent of the filing fee. In the event that this action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. § 1915(b)(2). The Clerk shall send a copy of this order to the Finance Division of the Clerk's Office and to th e attention of the Chief of Inmate Services for the NV DOC. The Clerk of the Court shall electronically SERVE a copy of this order and a copy of Plaintiffs complaint (ECF No. 4 ) on the Office of the Attorney General of the State of Nevada. Subject to the findings of the screening order (ECF No. 3, 6), within twenty-one (21) days of the date of entry of this order, the Attorney General's Office shall file a notice advising the Court and Plaintiff regarding the items listed in this order. F URTHER ORDERED that 39 Motion to be Removed from the NDOC's Jurisdiction is denied. The Motions for Service of Summons ( 45 , 47 and 50 ) are denied. Signed by Magistrate Judge Peggy A. Leen on 4/25/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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VICTOR TAGLE,

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Plaintiff,
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v.
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STATE OF NEVADA et al.,
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Defendants.
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___________________________________ )

2:15-cv-00216-JCM-PAL
ORDER

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

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prisoner. Plaintiff has submitted two applications to proceed in forma pauperis. (ECF No. 1,

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28). The Court denies the first application to proceed in forma pauperis (ECF No. 1) as moot

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and treats the second application to proceed in forma pauperis (ECF No. 28) as the operative

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application. Based on the financial information provided, the Court finds that Plaintiff is unable

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to prepay the full filing fee in this matter.

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The Court entered a screening order on July 8, 2015. (ECF No. 3). The Court entered

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subsequent orders which imposed a 90-day stay and assigned the parties to mediation by a

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court-appointed mediator. (ECF No. 6, 46). The Office of the Attorney General has filed a

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status report indicating that settlement has not been reached and informing the Court of its

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intent to proceed with this action. (ECF No. 55).

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For the foregoing reasons, IT IS ORDERED that:

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1.

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

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Plaintiff’s second application to proceed in forma pauperis (ECF No. 28) is

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moot.

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

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event that this action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. §

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1915(b)(2).
3.

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

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

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order granting leave to proceed in forma pauperis shall not extend to the issuance and/or

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service of subpoenas at government expense.
4.

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

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

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month’s deposits to Plaintiff’s account (Victor Tagle, #1080239), in the months that the

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

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

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

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

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89702.
5.

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

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of Plaintiff’s complaint (ECF No. 4) on the Office of the Attorney General of the State of

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Nevada, attention Kat Howe.
6.

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Subject to the findings of the screening order (ECF No. 3, 6), within twenty-one

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(21) days 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. As

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

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the Office shall file, under seal, but shall not serve the inmate Plaintiff the last known

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

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of the defendant(s) is a post office box, the Attorney General's Office shall attempt to obtain

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and provide the last known physical address(es).

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

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file a 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 the

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

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full name and address for the defendant(s).

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

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

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entered 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 document

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

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of appearance, Plaintiff shall direct service to the individual attorney named in the notice of

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appearance, at the address stated therein. The Court may disregard any paper received by

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

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

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showing proper service.

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10.

The motion to be removed from the NDOC’s jurisdiction (ECF No. 39) is denied.

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The motions for service of summonses (ECF No. 45, 47, 50) are denied.

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DATED: This 25th day of April, 2016.

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_________________________________
United States Magistrate Judge

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