Pritchett v. Oronoz et al

Filing 8

ORDER that Plaintiff Shawn Pritchett has satisfied his obligation to initial filing fee of $7.69 no later than November 8, 2015. The Court will screen Mr. Pritchett's Complaint in a separate order. Signed by Magistrate Judge Peggy A. Leen on 12/15/15. (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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***

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SHAWN PRITCHETT,

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Case No. 2:15-cv-01805-APG-PAL
Plaintiff,

ORDER

v.

(Mot. – Dkt. #)

JAMES A. ORONOZ, et al.,
Defendants.

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This matter is before the Court on Plaintiff Shawn Pritchett’s Receipt of Payment (Dkt.

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#7), filed December 9, 2015. This proceeding is referred to the undersigned pursuant to 28

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U.S.C. § 636(b)(1)(A) and LR IB 1-3 and 1-9 of the Local Rules of Practice.

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Mr. Pritchett is a prisoner proceeding in this action pro se. He is an inmate in the custody

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of the Nevada Department of Corrections (“NDOC”). On October 8, 2015, the Court entered an

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Order (Dkt. #2) granting Mr. Pritchett’s Application to Proceed In Forma Pauperis (Dkt. #1) and

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requiring him to pay an initial filing fee of $7.69 no later than November 8th. On November 5th,

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however, Mr. Pritchett filed a Notice of Change of Address (Dkt. #3) from High Desert State

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Prison to Ely State Prison. It was unknown whether High Desert State Prison or Ely State Prison

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received the first Order (Dkt. #2) and delivered the same to Mr. Pritchett. The Court therefore

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gave Mr. Pritchett an extension of time in which to pay the initial filing fee. See Order (Dkt. #4).

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On November 30th, the Court received a letter from Mr. Pritchett indicating that he had

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authorized NDOC to remit his initial filing fee. See Letter (Dkt. #6-1). The Court contacted its

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financial department and verified that Mr. Pritchett’s payment of $7.69 was received on

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November 6th. See Receipt of Payment (Dkt. #7). However, due to a clerical error the receipts

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were not immediately entered on the docket. This mistake has now been corrected and the Clerk

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of the Court has issued a receipt to Mr. Pritchett. Id.
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In a separate order, the Court will screen Mr. Dunn’s Complaint as required by 28 U.S.C.

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§§ 1915(e)(2) and 1915A(a); Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (en banc)

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(noting that § 1915(e)’s screening requirement “applies to all in forma pauperis complaints”).1

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If his Complaint states a valid claim for relief, the Court will direct the Clerk of the Court to

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issue summons to the Defendants and instruct the United States Marshal Service to serve the

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summons and complaint. Cf. Fed. R. Civ. P. 4(c)(3); LSR 1-3(c).

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Accordingly,

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IT IS ORDERED:

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1. Plaintiff Shawn Pritchett has satisfied his obligation to initial filing fee of $7.69 no
later than November 8, 2015.

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2. The Court will screen Mr. Pritchett’s Complaint in a separate order.

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Dated this 15th day of December, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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28 U.S.C. § 1915A(a) requires district courts to “review, before docketing, if feasible or, in any event,
as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from
a government entity or officer or employee of a governmental entity.”

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