Carley v. Warden Neven et al

Filing 10

ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is GRANTED. Under 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections must pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding month's deposits to Plaintiff's account (Elizabeth Carley, #1095997), 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 the Court will SEND a copy of this order to the Finance Division of the Clerk's Office and to the attention of the Chief of Inmate Services for the Nevada Department of Corrections. The Clerk of the Court will electronically SERVE a copy of this order and a copy of Plaintiff's complaint (ECF No. 5) on the Office of the Attorney General of the State of Nevada by adding the Attorney General of the State of Nevada to the docket sheet. Service must be perfected within ninety (90) days from the date of this or der under Fed. R. Civ. P. 4(m). 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 General's Office must file a notice advising the Court and Plaintiff regarding acceptance of service. This case is no longer stayed. Signed by Magistrate Judge Cam Ferenbach on 10/16/2018. (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

Elizabeth Carley,

10

Case No. 2:17-cv-02346-JAD-VCF
Plaintiff,

ORDER

v.
11
Dwight Neven, et al.,
12
Defendants.
13
14

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

15

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

16

1.) Based on the financial information provided, the Court finds that Plaintiff is unable to

17

prepay the full filing fee in this matter.

18

The Court entered a screening order on July 17, 2018. (ECF No. 4.) The screening

19

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

20

parties were assigned to mediation by a court-appointed mediator. (ECF Nos. 4, 7.) The

21

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

22

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

23

9.)

24

For the foregoing reasons, IT IS ORDERED that:

25

1.

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

26

GRANTED. Plaintiff will not be required to pay an initial installment of the filing fee. In the

27

event that this action is dismissed, the full filing fee must still be paid under 28 U.S.C. §

28

1915(b)(2).
1

1

2.

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

2

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

3

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

4

issuance and/or service of subpoenas at government expense.

5

3.

Under 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections must

6

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

7

preceding month’s deposits to Plaintiff’s account (Elizabeth Carley, #1095997), in the

8

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

9

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

10

of the Clerk’s Office. The Clerk of the Court will also SEND a copy of this order to the

11

attention of the Chief of Inmate Services for the Nevada Department of Corrections, P.O.

12

Box 7011, Carson City, NV 89702.

13

4.

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

14

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

15

of Nevada by adding the Attorney General of the State of Nevada to the docket sheet.

16

This does not indicate acceptance of service.

17
18
19

5.

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

under Fed. R. Civ. P. 4(m).
6.

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

20

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

21

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

22

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

23

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

24

information under seal. As to any of the named defendants for whom the Attorney

25

General’s Office cannot accept service, the Office must file, under seal, but will not serve

26

the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such

27

information. If the last known address of the defendant(s) is a post office box, the Attorney

28

General's Office must attempt to obtain and provide the last known physical address(es).
2

1

7.

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

2

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

3

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

4

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

5

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

6

8.

If the Attorney General accepts service of process for any named

7

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

8

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

9

9.

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

certificate showing proper service.

20

10.

This case is no longer stayed.

21

16th
DATED THIS ___ day of October 2018.

22
23
UNITED STATES MAGISTRATE JUDGE
24
25
26
27
28
3