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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HAROLD D. HARDEN,
Plaintiff,

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v.
NEVADA DEPARTMENT OF
CORRECTIONS et al.,

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Defendants.
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2:15-cv-00970-GMN-CWH
ORDER

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

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state prisoner. Plaintiff has submitted an application to proceed in forma pauperis. (ECF

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No. 5). 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 13, 2016. (ECF No. 20). The

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screening order imposed a 90-day stay and the Court entered a subsequent order in which

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the parties were assigned to mediation by a court-appointed mediator. (ECF No. 20, 22).

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The Office of the Attorney General has filed a status report indicating that settlement has

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not been reached and informing the Court of its intent to proceed with this action. (ECF

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No. 24).

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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. 5) is GRANTED.

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

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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).

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2.

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

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the necessity of prepayment of any additional fees or costs or the giving of security

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therefor. This order granting leave to proceed in forma pauperis shall not extend to the

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issuance and/or service of subpoenas at government expense.

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3.

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

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

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preceding month’s deposits to Plaintiff’s account (Harold D. Harden, #96165), in the

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

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this action. The Clerk of the Court shall SEND a copy of this order to the Finance Division

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

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attention of the Chief of Inmate Services for the Nevada Department of Corrections, P.O.

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Box 7011, Carson City, NV 89702.

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4.

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

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copy of Plaintiff’s amended complaint (ECF No. 17) on the Office of the Attorney General

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of the State of Nevada, attention Kat Howe.

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5.

Subject to the findings of the screening order (ECF No. 20), within twenty-

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

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

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

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(c) the names of the defendants for whom it is filing the last-known-address information

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under seal. As to any of the named defendants for whom the Attorney General’s Office

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cannot accept service, the Office shall file, under seal, but shall not serve the inmate

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

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If the last known address of the defendant(s) is a post office box, the Attorney General's

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Office shall attempt to obtain and provide the last known physical address(es).

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6.

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

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

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summons, and specifying a full name and address for the defendant(s). For the
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defendant(s) as to which the Attorney General has not provided last-known-address

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information, Plaintiff shall provide the full name and address for the defendant(s).

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7.

If the Attorney General accepts service of process for any named

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

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complaint 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

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been entered by counsel, upon their attorney(s), a copy of every pleading, motion or other

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document submitted for consideration by the Court. Plaintiff shall include with the original

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document submitted for filing a certificate stating the date that a true and correct copy of

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the document was mailed or electronically filed to the defendants or counsel for the

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defendants. If counsel has entered a notice of appearance, Plaintiff shall direct service to

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the individual attorney named in the notice of appearance, at the physical or electronic

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address stated therein. The Court may disregard any document received by a district

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judge or magistrate judge which has not been filed with the Clerk, and any document

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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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DATED: October 17, 2016.

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_________________________________
United States Magistrate Judge

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