Miller v. Williams et al

Filing 12

ORDER granting Plaintiff's ECF No. 1 IFP application; NDOC to pay Clerk from inmate account (copy of order sent to Finance and NDOC Chief of Inmate Services on 04/18/2017); directing Clerk to e-serve NV AG with this order and the ECF N o. 4 Complaint (E-service and NEF regenerated on 04/18/2017); service must be perfected by 07/16/2017; directing AG to advise Court by 05/08/2017 re acceptance of service; plaintiff to file a motion identifying the unserved defendant(s), re questing issuance of a summons, and specifying a full name and address for the defendant(s); Answer due within 60 days for any defendants represented. Plaintiff shall serve defendants copy of all pleadings and include certificate of service. See order for further details and instructions. Signed by Magistrate Judge Cam Ferenbach on 04/17/2017. (Copies have been distributed pursuant to the NEF - KW)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9
10
11
12
13

GRAHAM MILLER,

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

2:16-cv-00895-MMD-VCF
ORDER

14

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

15

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

16

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

17

the full filing fee in this matter.

18

The Court entered a screening order on November 22, 2016. (ECF No. 3). A follow

19

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

20

were assigned to mediation by a court-appointed mediator. (ECF No. 6, 8). The Office of the

21

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

22

informing the Court of its intent to proceed with this action. (ECF No. 11).

23

For the foregoing reasons, IT IS ORDERED that:

24

1.

Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is GRANTED.

25

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

26

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

27
28

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

1
2

service of subpoenas at government expense.
3.

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

3

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

4

month’s deposits to Plaintiff’s account (Graham Miller, #94658), in the months that the

5

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

6

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

7

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

8

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

9

89702.

10

4.

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

11

of Plaintiff’s complaint (ECF No. 4) on the Office of the Attorney General of the State of

12

Nevada, attention Kat Howe.

13
14
15

5.

Service must be perfected within ninety (90) days from the date of this order

pursuant to Fed. R. Civ. P. 4(m).
6.

Subject to the findings of the screening order and follow up order (ECF No. 3,

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

7.

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

26

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

27

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

28

Attorney General has not provided last-known-address information, Plaintiff shall provide the
2

1
2

full name and address for the defendant(s).
8.

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

3

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

4

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

5

9.

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15
16

April
17
DATED: This _____ day of March, 2017.

17
18

_________________________________
United States Magistrate Judge

19
20
21
22
23
24
25
26
27
28
3