Jackson v. State of Nevada et al

Filing 21

ORDER. IT IS ORDERED that 1 Plaintiff's application to proceed in forma pauperis is GRANTED.Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections shall pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding month's deposits to Plaintiff's account (Robert Jackson, #86238), in the months that the account exceeds $10.00, until the full $350.00 filing fee has been paid for this action. The Clerk of t he Court shall SEND a copy of this order to the Finance Division of the Clerk's Office. The Clerk of the Court shall also SEND a copy of this order to the attention of the Chief of Inmate Services for the Nevada Department of Corrections, P.O. B ox 7011, Carson City, NV 89702. The Clerk of the Court shall electronically SERVE a copy of this order and a copy of 7 Plaintiff's complaint on the Office of the Attorney General of the State of Nevada, attention Kat Howe. See Order for further details/deadlines. Signed by Magistrate Judge Nancy J. Koppe on 6/15/17. (Copies have been distributed pursuant to the NEF - cc: Finance - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBERT JACKSON,

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Plaintiff,
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v.
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STATE OF NEVADA et al.,
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Defendants.
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___________________________________ )

2:16-cv-00995-APG-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 December 19, 2016. (ECF No. 6). The

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

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parties were assigned to mediation by a court-appointed mediator. (ECF No. 6, 9). The Office

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of the Attorney General has filed a status report indicating that settlement has not been

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reached and informing the Court of its intent to proceed with this action. (ECF No. 20).

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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.

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

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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.
3.

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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 (Robert Jackson, #86238), 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.

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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. 7) on the Office of the Attorney General of the State of

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Nevada, attention Kat Howe.
5.

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

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

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Subject to the findings of the screening order (ECF No. 6), within twenty-one

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

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

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

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

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

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

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

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

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and provide the last known physical address(es).

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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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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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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 15th day of June, 2017.

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_________________________________
NANCY J. KOPPE
United States Magistrate Judge

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