Walters v. Williams et al

Filing 34

ORDER that 33 Motion/Application for Leave to Proceed in forma pauperis is GRANTED. The Clerk of the Court shall electronically SERVE a copy of this order and a copy of Plaintiff's complaint (ECF No. 5 ) on the Office of the Attorney Gener al of the State of Nevada, attention Kat Howe. Subject to the findings of the screening order (ECF No. 4 ), within twenty-one (21) days of the date of entry of this order, the Attorney Generals Office shall file a notice advising the Court and Plai ntiff of: (a) the names of the defendants for whom it accepts service; (b) the names of the defendants for whom it does not accept service, and (c) the names of the defendants for whom it is filing the last-known-address information under seal. Signed by Magistrate Judge Cam Ferenbach on 10/5/16. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9
10
11
12
13

GARY W. WALTERS,

)
)
Plaintiff,
)
)
v.
)
)
BRIAN WILLIAMS, SR. et al.,
)
)
Defendants.
)
)
___________________________________ )

2:15-cv-02196-JAD-VCF
ORDER

14

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

15

former state prisoner. In compliance with this Court’s order, Plaintiff has submitted an

16

application to proceed in district court without prepaying fees or costs following his release

17

from prison. (ECF No. 32, 33). Based on the financial information provided, the Court grants

18

Plaintiff leave to proceed without prepayment of fees or costs pursuant to 28 U.S.C.

19

§ 1915(a)(1).1

20

On April 12, 2016, the Court entered a screening order. (ECF No. 4). In a follow-up

21

order, the Court imposed a 90-day stay and entered a subsequent order assigning the case

22

to mediation by a court-appointed mediator. (ECF No. 8, 16). The Office of the Attorney

23

General has filed a status report indicating that settlement was not reached and informing the

24

Court of its intent to proceed with this action. (ECF No. 31).

25

IT IS THEREFORE ORDERED that:

26

1.

27

Plaintiff’s application to proceed in district court without prepaying fees or costs

(ECF No. 33) is GRANTED.

28
1

Plaintiff is not subject to the requirements of 28 U.S.C. § 1915(a)(2), (b) because he
is no longer a “prisoner” within the meaning of the statute. See 28 U.S.C. § 1915(h).

1

2.

Plaintiff is permitted to maintain this action to conclusion without the necessity

2

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

3

granting leave to proceed in district court without prepaying fees or costs shall not extend to

4

the issuance and/or service of subpoenas at government expense.

5

3.

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

6

of Plaintiff’s complaint (ECF No. 5) on the Office of the Attorney General of the State of

7

Nevada, attention Kat Howe.

8

4.

Subject to the findings of the screening order (ECF No. 4), within twenty-one

9

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

10

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

11

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

12

names of the defendants for whom it is filing the last-known-address information under seal.

13

As to any of the named defendants for whom the Attorney General’s Office cannot accept

14

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

15

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

16

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

17

and provide the last known physical address(es).

18

5.

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

19

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

20

specifying a full name and address for the defendant(s). For the defendant(s) as to which the

21

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

22

full name and address for the defendant(s).

23

6.

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

24

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

25

sixty (60) days from the date of this order.

26

7.

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

27

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

28

submitted for consideration by the Court. Plaintiff shall include with the original document
2

1

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

2

was mailed or electronically filed to the defendants or counsel for the defendants. If counsel

3

has entered a notice of appearance, Plaintiff shall direct service to the individual attorney

4

named in the notice of appearance, at the physical or electronic address stated therein. The

5

Court may disregard any document received by a district judge or magistrate judge which has

6

not been filed with the Clerk, and any document received by a district judge, magistrate judge,

7

or the Clerk which fails to include a certificate showing proper service.

8
9

Dated this ______ day of October, 2016.
5th

10
11
UNITED STATES MAGISTRATE JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3