Norman v. The State of Nevada et al

Filing 8

ORDER re 7 Notice. The $30.00 initial partial filing fee is due 10/9/15. The Clerk of Court shall provide Plaintiff with two copies of this Order. The Clerk of the Court shall send a copy of this Order to the Finance Division of the Clerks Office and the Accounting Supervisor of the Northern Nevada Correctional Center. Signed by Magistrate Judge Peggy A. Leen on 8/26/15. (Copies have been distributed pursuant to the NEF - cc: Finance, Accounting Supervisor of the NNCC - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ZEL NORMAN,

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Plaintiff,

ORDER

v.

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Case No. 2:15-cv-00339-JAD-PAL

(Notice – Dkt. #7)
THE STATE OF NEVADA, et al.
Defendants.

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This matter is before the Court on Plaintiff Zel Norman’s Notice (Dkt. #7), filed August

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17, 2015. Plaintiff is a prisoner proceeding in this civil rights action pro se and in forma

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pauperis. This matter is referred to the undersigned pursuant to 28 U.S.C. § 636(a) and LR 1-3

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and 1-9.

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On July 21, 2015, this Court issued an Order (Dkt. #6) granting Plaintiff’s Application to

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Proceed In Forma Pauperis (Dkt. #5). The Court ordered Plaintiff to pay an initial partial filing

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fee of $30.00 toward the full filing fee and gave Plaintiff until August 17, 2015, to have the

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$30.00 fee sent to the Clerk of the Court. Id. The Northern Nevada Correctional Center was

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also instructed to send the Clerk of the Court a monthly payment1 from Plaintiff’s inmate

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account, until the full $350.00 filing fee is paid. Id.

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On August 17, 2015, Plaintiff filed a Notice (Dkt. #7) stating that the accounting

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supervisor at the Northern Nevada Correctional Center prematurely deducted a monthly payment

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from his inmate account, leaving him without additional funds to pay the $30 initial partial filing

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fee. Thus, Plaintiff requests a 45-day extension to submit the fee. The Court will grant his

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request for extension. Additionally, the Court notes that the finance division of the Clerk of the

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The amount of the monthly payment should equal “twenty percent (20%) of the preceding month’s
deposits to Plaintiff’s account (in the months that the account exceeds $10.00).” See Order (Dkt. #6).

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Court has not received any payment on Plaintiff’s behalf, including the monthly payment

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Plaintiff references in his Notice. Plaintiff is responsible for making the payment necessary

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arrangements and should coordinate with the correctional facilities accounting staff to correct

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any miscommunication.

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Accordingly,

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IT IS ORDERED:

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1. Plaintiff shall have until October 9, 2015, to have the $30.00 initial partial filing fee

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sent to the Clerk of the Court. Failure to do so may result in a recommendation to the

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district judge for dismissal of this action. Upon receipt of the initial partial filing fee,

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the Court will screen Plaintiff’s complaint pursuant to 28 U.S.C. §§ 1915(e)(2) and

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1915A(a). Even if this action is dismissed based upon the Court’s screening order,

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Plaintiff must still pay the full filing fee pursuant to 28 U.S.C. § 1915(b)(2).

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2. The Clerk of Court shall provide Plaintiff with two copies of this Order. Plaintiff is

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ordered to make the necessary arrangements to have one copy of this Order attached

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to a check in the amount of the initial partial filing fee designated herein.

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3. Beginning the month following Plaintiff’s payment of the initial partial filing fee, the

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Northern Nevada Correctional Center shall forward to the Clerk of the United States

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District Court, District of Nevada, twenty percent (20%) of the preceding month’s

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deposits to Plaintiff’s account (in the months that the account exceeds $10.00) until

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the full $350.00 filing fee has been paid for this action pursuant to 28 U.S.C. §

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1915(b)(2).

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4. The Clerk of the Court shall send a copy of this Order to the Finance Division of the

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Clerk’s Office and the Accounting Supervisor of the Northern Nevada Correctional

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Center. If Plaintiff should be transferred, the Accounting Supervisor at Northern

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Nevada Correctional Center is directed to send a copy of this Order to the new place

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of incarceration, indicating the amount that Plaintiff has paid towards his filing fee, so

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that funds may continue to be deducted from Plaintiff’s account.

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Dated this 26th day of August, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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