Harden v. Nevada Department of Corrections et al

Filing 25

ORDER Granting 5 Application for Leave to Proceed in forma pauperis. Clerk of Court shall SEND a copy of this order to the Finance Division of the Clerks Office. Clerk of Court shall also SEND a copy of this order to the attention of the Chi ef of Inmate Services for the Nevada Department of Corrections. Clerk of the Court shall electronically SERVE a copy of this order and a copy of Plaintiffs amended complaint 17 on the Office of the Attorney General of the State of Nevada, attentio n Kat Howe. See Order for further details. Signed by Magistrate Judge Carl W. Hoffman on 10/17/2016. (Copies have been distributed pursuant to the NEF - copies to Finance Division/Clerk's Office and Chief of Inmate Services for the Nevada Department of Corrections,emailed copy to Atty. General, State of Nevada - DL) Modified on 10/18/2016 to modify text - (DL).

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 HAROLD D. HARDEN, Plaintiff, 9 10 11 v. NEVADA DEPARTMENT OF CORRECTIONS et al., 12 Defendants. 13 ) ) ) ) ) ) ) ) ) ) ) 2:15-cv-00970-GMN-CWH ORDER 14 This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a 15 state prisoner. Plaintiff has submitted an application to proceed in forma pauperis. (ECF 16 No. 5). Based on the financial information provided, the Court finds that Plaintiff is unable 17 to prepay the full filing fee in this matter. 18 The Court entered a screening order on July 13, 2016. (ECF No. 20). The 19 screening order imposed a 90-day stay and the Court entered a subsequent order in which 20 the parties were assigned to mediation by a court-appointed mediator. (ECF No. 20, 22). 21 The Office of the Attorney General has filed a status report indicating that settlement has 22 not been reached and informing the Court of its intent to proceed with this action. (ECF 23 No. 24). 24 For the foregoing reasons, IT IS ORDERED that: 25 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 5) is GRANTED. 26 Plaintiff shall not be required to pay an initial installment of the filing fee. In the event that 27 this action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. 28 § 1915(b)(2). 1 2. The movant herein is permitted to maintain this action to conclusion without 2 the necessity of prepayment of any additional fees or costs or the giving of security 3 therefor. This order granting leave to proceed in forma pauperis shall not extend to the 4 issuance and/or service of subpoenas at government expense. 5 3. Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections 6 shall pay to the Clerk of the United States District Court, District of Nevada, 20% of the 7 preceding month’s deposits to Plaintiff’s account (Harold D. Harden, #96165), in the 8 months that the account exceeds $10.00, until the full $350.00 filing fee has been paid for 9 this action. The Clerk of the Court shall SEND a copy of this order to the Finance Division 10 of the Clerk’s Office. The Clerk of the Court shall also SEND a copy of this order to the 11 attention of the Chief of Inmate Services for the Nevada Department of Corrections, P.O. 12 Box 7011, Carson City, NV 89702. 13 4. The Clerk of the Court shall electronically SERVE a copy of this order and a 14 copy of Plaintiff’s amended complaint (ECF No. 17) on the Office of the Attorney General 15 of the State of Nevada, attention Kat Howe. 16 5. Subject to the findings of the screening order (ECF No. 20), within twenty- 17 one (21) days of the date of entry of this order, the Attorney General’s Office shall file a 18 notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it 19 accepts service; (b) the names of the defendants for whom it does not accept service, and 20 (c) the names of the defendants for whom it is filing the last-known-address information 21 under seal. As to any of the named defendants for whom the Attorney General’s Office 22 cannot accept service, the Office shall file, under seal, but shall not serve the inmate 23 Plaintiff the last known address(es) of those defendant(s) for whom it has such information. 24 If the last known address of the defendant(s) is a post office box, the Attorney General's 25 Office shall attempt to obtain and provide the last known physical address(es). 26 6. If service cannot be accepted for any of the named defendant(s), Plaintiff 27 shall file a motion identifying the unserved defendant(s), requesting issuance of a 28 summons, and specifying a full name and address for the defendant(s). For the 2 1 defendant(s) as to which the Attorney General has not provided last-known-address 2 information, Plaintiff shall provide the full name and address for the defendant(s). 3 7. If the Attorney General accepts service of process for any named 4 defendant(s), such defendant(s) shall file and serve an answer or other response to the 5 complaint within sixty (60) days from the date of this order. 6 8. Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has 7 been entered by counsel, upon their attorney(s), a copy of every pleading, motion or other 8 document submitted for consideration by the Court. Plaintiff shall include with the original 9 document submitted for filing a certificate stating the date that a true and correct copy of 10 the document was mailed or electronically filed to the defendants or counsel for the 11 defendants. If counsel has entered a notice of appearance, Plaintiff shall direct service to 12 the individual attorney named in the notice of appearance, at the physical or electronic 13 address stated therein. The Court may disregard any document received by a district 14 judge or magistrate judge which has not been filed with the Clerk, and any document 15 received by a district judge, magistrate judge, or the Clerk which fails to include a certificate 16 showing proper service. 17 18 DATED: October 17, 2016. 19 20 _________________________________ United States Magistrate Judge 21 22 23 24 25 26 27 28 3

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