Howard v. Cox et al

Filing 18

ORDER denying 1 Motion/Application for Leave to Proceed in forma pauperis; ORDER granting 14 Motion/Application for Leave to Proceed in forma pauperis. The Nevada Department of Corrections shall pay to the Clerk of the United States Distri ct Court, District of Nevada, 20% of the preceding month's deposits to Plaintiff's account. Service must be perfected within ninety (90) days from the date of this order. Within twenty-one (21) days of the date of entry of this order, the Attorney General's Office shall file a notice advising the Court.Signed by Magistrate Judge Brenda Weksler on 8/15/2019. (Copies have been distributed pursuant to the NEF, cc: NDOC, Finance - JM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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REGINALD C. HOWARD,

Case No. 2:17-cv-01002-JAD-BNW

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Plaintiff,
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ORDER

v.
GREG COX, et al.,

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Defendants.

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This action began with a pro se civil rights complaint filed pursuant to 42 U.S.C. §

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1983 by a person in the custody of the Nevada Department of Corrections. Plaintiff has

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submitted two applications to proceed in forma pauperis. (ECF No. 1, 14). The Court

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denies the first application to proceed in forma pauperis (ECF No. 1) as moot. Based on

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

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filing fee in this matter and grants the second application to proceed in forma pauperis

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(ECF No. 14).

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The Court imposed a 90-day stay on May 15, 2019, and the Court entered a

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subsequent order in which the parties were assigned to mediation by a court-appointed

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mediator. (ECF No. 11, 13). The Office of the Attorney General has filed a status report

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indicating that settlement has not been reached and informing the Court of its intent to

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proceed with this action. (ECF No. 17).

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For the foregoing reasons, IT IS ORDERED that:

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1.

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

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denied as moot, but his second application to proceed in forma pauperis (ECF No. 14) is

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GRANTED. Plaintiff shall not be required to pay an initial installment of the filing fee. In
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the event that this action is dismissed, the full filing fee must still be paid pursuant to 28

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U.S.C. § 1915(b)(2).

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2.

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

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the necessity of prepayment of any additional fees or costs or the giving of security

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therefor. This order granting leave to proceed in forma pauperis shall not extend to the

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issuance and/or 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

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

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preceding month’s deposits to Plaintiff’s account (Reginald C. Howard, # 13891), in the

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months that the account exceeds $10.00, until the full $350.00 filing fee has been paid

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for this action. The Clerk of the Court shall SEND a copy of this order to the Finance

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Division of the Clerk’s Office. The Clerk of the Court shall also SEND a copy of this order

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to the attention of the Chief of Inmate Services for the Nevada Department of Corrections,

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P.O. Box 7011, Carson City, NV 89702.

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4.

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

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a copy of Plaintiff’s first amended complaint (ECF No. 5) on the Office of the Attorney

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General of the State of Nevada by adding the Attorney General of the State of Nevada to

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the docket sheet. This does not indicate acceptance of service.

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5.

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

pursuant to Fed. R. Civ. P. 4(m).
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Subject to the findings of the screening order on the first amended complaint

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(ECF No. 11), within twenty-one (21) days of the date of entry of this order, the Attorney

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General’s Office shall file a notice advising the Court and Plaintiff of: (a) the names of the

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defendants for whom it accepts service; (b) the names of the defendants for whom it does

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not accept service, and (c) the names of the defendants for whom it is filing the last-

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known-address information under seal. As to any of the named defendants for whom the

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Attorney General’s Office cannot accept service, the Office shall file, under seal, but shall

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not serve the inmate Plaintiff the last known address(es) of those defendant(s) for whom
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it has such information. If the last known address of the defendant(s) is a post office box,

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the Attorney General's Office shall attempt to obtain and provide the last known physical

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address(es).

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7.

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

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

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summons, and specifying a full name and address for the defendant(s).

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defendant(s) as to which the Attorney General has not provided last-known-address

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information, Plaintiff shall provide the full name and address for the defendant(s).

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8.

For the

If the Attorney General accepts service of process for any named

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

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

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9.

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

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

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

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

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the document was mailed or electronically filed to the defendants or counsel for the

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defendants. If counsel has entered a notice of appearance, Plaintiff shall direct service

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to the individual attorney named in the notice of appearance, at the physical or electronic

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address stated therein. The Court may disregard any document received by a district

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judge or magistrate judge which has not been filed with the Clerk, and any document

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received by a district judge, magistrate judge, or the Clerk which fails to include a

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certificate showing proper service.

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10.

This case is no longer stayed.

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DATED: August 15, 2019
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UNITED STATES MAGISTRATE JUDGE
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