Blackwell v. Cox et al

Filing 9

ORDER Granting Plaintiff' 1 Motion/Application for Leave to Proceed in forma pauperis. Within 21 days of the date of entry of this order the Attorney General' s Office shall file a notice advising the Court and Plaintiff of the names for whom it does/does not accept service for. Signed by Magistrate Judge Nancy J. Koppe on 12/21/2016. (Copies have been distributed pursuant to the NEF - cc: Finance and Chief of Inmate Services; electronically served Attorney General 3 and this Order - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARCUS BLACKWELL,

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Plaintiff,
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v.
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JAMES G. COX et al.,
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Defendants.
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___________________________________ )

2:16-cv-00214-RFB-NJK
ORDER

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

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prisoner. Plaintiff has submitted an application to proceed in forma pauperis. (ECF No. 1).

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Based on the financial information provided, the Court finds that Plaintiff is unable to prepay

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the full filing fee in this matter.

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The Court entered a screening order on August 17, 2016. (ECF No. 2). A follow-up

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

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were assigned to mediation by a court-appointed mediator. (ECF No. 4, 6). The Office of the

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Attorney General has filed a status report indicating that settlement has not been reached and

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informing the Court of its intent to proceed with this action. (ECF No. 8).

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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. 1) is GRANTED.

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

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action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. § 1915(b)(2).

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2.

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

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

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order granting leave to proceed in forma pauperis shall not extend to the issuance and/or

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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 shall

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

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month’s deposits to Plaintiff’s account (Marcus Blackwell, #1032390), in the months that the

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account exceeds $10.00, until the full $350.00 filing fee has been paid for this action. The

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Clerk of the Court shall SEND a copy of this order to the Finance Division of the Clerk’s Office.

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The Clerk of the Court shall also SEND a copy of this order to the attention of the Chief of

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Inmate Services for the Nevada Department of Corrections, P.O. Box 7011, Carson City, NV

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89702.
4.

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

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of Plaintiff’s complaint (ECF No. 3) on the Office of the Attorney General of the State of

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Nevada, attention Kat Howe.

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5.

Subject to the findings of the screening order and follow up order (ECF No. 2,

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4), within twenty-one (21) days of the date of entry of this order, the Attorney General’s Office

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

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it 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 under

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

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

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

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

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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 shall

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

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

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

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full name and address for the defendant(s).
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7.

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

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

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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 been

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

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

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

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

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

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

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

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

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

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DATED: This 21st day of December, 2016.

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_________________________________
NANCY J. KOPPE
United States Magistrate Judge

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