Strong v. State of Nevada et al

Filing 5

ORDER. IT IS ORDERED that 1 Plaintiff's application to proceed in forma pauperis without having to prepay the full filing fee is GRANTED. The Clerk shall send a copy of this order to the attention of Chief of Inmate Services for th e Nevada Department of Prisons. IT IS FURTHER ORDERED that the Clerk of Court SHALL ISSUE a summons for Defendant Sergeant Fry, AND DELIVER THE SAME, to the U.S. Marshal for service. The Clerk SHALL SEND to Plaintiff one (1) USM-285 forms. The Cl erk also SHALL SEND a copy of 4 the complaint and a copy of this order to the U.S. Marshal for service on Defendant(s). See Order for details/deadlines. Signed by Magistrate Judge Peggy A. Leen on 1/23/2018. (Copies have been distributed pursuant to the NEF - cc: USM - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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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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___________________________________ )

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I.

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STIG STRONG,

2:17-cv-02860-APG-PAL
ORDER

DISCUSSION

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On December 4, 2017, the Court issued a screening order dismissing some claims with

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leave to amend, dismissing other claims without leave to amend, and permitting one claim to

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proceed. (ECF No. 3 at 9). The Court granted Plaintiff 30 days from the date of that order to

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file an amended complaint curing the deficiencies of the complaint. (Id. at 10). The Court

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specifically stated that if Plaintiff chose not to file an amended complaint, the action would

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proceed against Defendants Sergeant Fry and Doe deputies (when Plaintiff learns their

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identities) for excessive force only. (Id.). Plaintiff has not filed an amended complaint.

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Pursuant to the screening order, this action shall proceed against Defendants Sergeant Fry

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and Doe deputies (when Plaintiff learns their identities) for excessive force only.

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Additionally, Plaintiff’s application to proceed in forma pauperis is before the Court.

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(ECF No. 1). Based on the information regarding Plaintiff’s financial status, the Court finds

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that Plaintiff is not able to pay an initial installment payment toward the full filing fee pursuant

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to 28 U.S.C. § 1915. Plaintiff will, however, be required to make monthly payments toward the

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full $350.00 filing fee when he has funds available.

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///

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed in

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forma pauperis (ECF No. 1) without having to prepay the full filing fee is GRANTED. Plaintiff

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shall not be required to pay an initial installment fee. Nevertheless, the full filing fee shall still

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be due, pursuant to 28 U.S.C. § 1915, as amended by the Prisoner Litigation Reform Act. The

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movant herein is permitted to maintain this action to conclusion without the necessity of

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prepayment of fees or costs or the giving of security therefor. This order granting in forma

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pauperis status shall not extend to the issuance and/or service of subpoenas at government

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expense.

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IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 1915, as amended by the

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Prisoner Litigation Reform Act, the Nevada Department of Corrections shall pay to the Clerk

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of the United States District Court, District of Nevada, 20% of the preceding month’s deposits

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to the account of Stig Strong, #1180512 (in months that the account exceeds $10.00) until

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the full $350 filing fee has been paid for this action. The Clerk shall send a copy of this order

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to the attention of Chief of Inmate Services for the Nevada Department of Prisons, P.O. Box

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7011, Carson City, NV 89702.

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IT IS FURTHER ORDERED that, even if this action is dismissed, or is otherwise

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unsuccessful, the full filing fee shall still be due, pursuant to 28 U.S.C. §1915, as amended by

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the Prisoner Litigation Reform Act.

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IT IS FURTHER ORDERED that, pursuant to the Court’s screening order (ECF No. 3),

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this action shall proceed against Defendants Sergeant Fry and Doe deputies (when Plaintiff

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learns their identities) for excessive force only.

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IT IS FURTHER ORDERED that the Clerk of Court SHALL ISSUE a summons for

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Defendant Sergeant Fry, AND DELIVER THE SAME, to the U.S. Marshal for service. The

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Clerk SHALL SEND to Plaintiff one (1) USM-285 forms. The Clerk also SHALL SEND a copy

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of the complaint (ECF No. 4) and a copy of this order to the U.S. Marshal for service on

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Defendant(s). Plaintiff shall have thirty (30) days within which to furnish to the U.S. Marshal

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the required USM-285 forms with relevant information as to each Defendant on each form.
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Within twenty (20) days after receiving from the U.S. Marshal a copy of the USM-285 forms

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showing whether service has been accomplished, Plaintiff must file a notice with the Court

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identifying which Defendant(s) were served and which were not served, if any. If Plaintiff

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wishes to have service again attempted on an unserved Defendant(s), then a motion must be

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filed with the Court identifying the unserved Defendant(s) and specifying a more detailed name

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and/or address for said Defendant(s), or whether some other manner of service should be

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attempted.

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IT IS FURTHER ORDERED that henceforth, Plaintiff shall serve upon Defendants or,

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if appearance has been entered by counsel, upon the attorney(s), a copy of every pleading,

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motion or other document submitted for consideration by the Court. Plaintiff shall include with

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the original paper submitted for filing a certificate stating the date that a true and correct copy

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of the document was mailed to the Defendants or counsel for the Defendants. The Court may

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disregard any paper received by a district judge or magistrate judge which has not been filed

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with the clerk, and any paper received by a district judge, magistrate judge or the clerk which

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fails to include a certificate of service.

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DATED: This 23rd day of January 2018.

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_________________________________
United States Magistrate Judge

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