Johnson v. Dicues et al

Filing 34

ORDER granting 1 Motion/Application for Leave to Proceed in forma pauperis. This action shall proceed (see order for details). Nevada Department of Corrections shall pay to the Clerk, 20% of the preceding month's deposits to Plain tiff's account. Proof of service due by 1/30/2020. No later than November 22, 2019, the Attorney General's Office shall file a notice advising the Court. Signed by Magistrate Judge Nancy J. Koppe on 11/1/2019. (Copies have been distributed pursuant to the NEF, cc: NDOC - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LAUSTEVEION JOHNSON,

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Case No. 2:17-cv-03045-RFB-NJK
Plaintiff,

ORDER

v.
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DICUES, et al.,
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Defendants.
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I.

DISCUSSION

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Plaintiff, a state prisoner, filed an application to proceed in forma pauperis and a pro se

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civil rights complaint, pursuant to 42 U.S.C. § 1983. Docket Nos. 1, 1-1. Based on the financial

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information provided, the Court finds that Plaintiff is unable to prepay the full filing fee in this

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matter.

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The Court entered a screening order on the first amended complaint on September 30,

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2019. Docket No. 31. The screening order dismissed some claims with prejudice, dismissed some

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claims without prejudice with leave to amend, and permitted some claims to proceed. Id. at 14-

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16. The Court granted Plaintiff 30 days from the date of that order to file a second amended

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complaint curing the deficiencies of his first amended complaint. Id. at 15. The Court specifically

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stated that, if Plaintiff chose not to file a second amended complaint, the instant action would

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proceed on the following claims: the portion of Count I alleging conditions of confinement claims

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against Defendants Nash, Williams, Kay, Dzurenda, and Dicues; the portion of Count I alleging

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duty to protect claims against Defendants Calderon, Dzurenda, Nash, and Williams; the portion of

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Count III alleging RLUIPA and First Amendment free exercise of religion claims against

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Defendants Dzurenda, Nash, Williams, and Calderon; the portion of Count III alleging a retaliation

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claim against Defendants Dicues and Calderon; the portion of Count IV alleging retaliation claims

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against Defendants Calderon, Williams, and Nash; and the portion of Count IV alleging conspiracy

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against Calderon, Williams, and Nash. Id. at 15-16.

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Plaintiff has not filed a second amended complaint, pursuant to the screening order;
therefore, this action shall proceed on those claims.

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that:

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1.

Pursuant to the Court’s screening order, Docket No. 31, this action shall proceed

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on the following claims: the portion of Count I alleging conditions of confinement claims against

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Defendants Nash, Williams, Kay, Dzurenda, and Dicues; the portion of Count I alleging duty to

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protect claims against Defendants Calderon, Dzurenda, Nash, and Williams; the portion of Count

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III alleging RLUIPA and First Amendment free exercise of religion claims against Defendants

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Dzurenda, Nash, Williams, and Calderon; the portion of Count III alleging a retaliation claim

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against Defendants Dicues and Calderon; the portion of Count IV alleging retaliation claims

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against Defendants Calderon, Williams, and Nash; and the portion of Count IV alleging conspiracy

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against Calderon, Williams, and Nash.

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2.

Plaintiff’s application to proceed in forma pauperis, Docket No. 1, is granted. Plaintiff

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

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

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3. Plaintiff is permitted to maintain this action to conclusion without the necessity of

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prepayment of any additional fees or costs or the giving of security therefor. This order granting

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leave to proceed in forma pauperis shall not extend to the issuance and/or service of subpoenas at

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government expense.

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4.

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

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

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deposits to Plaintiff’s account (Lausteveion Johnson, #82138), in the months that the account

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

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

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of the Court shall also SEND a copy of this order to the attention of the Chief of Inmate Services

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for the Nevada Department of Corrections, P.O. Box 7011, Carson City, NV 89702.
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The Clerk of the Court shall electronically SERVE a copy of this order, a copy of

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Plaintiff’s first amended complaint, Docket No. 4-1, and a copy of the screening order, Docket No.

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31, on the Office of the Attorney General of the State of Nevada by adding the Attorney General

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of the State of Nevada to the docket sheet. This does not indicate acceptance of service.
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Service must be perfected no later than January 30, 2020, pursuant to Fed. R. Civ. P.

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Subject to the findings of the screening order, Docket No. 31, no later than November

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22, 2019, the Attorney General’s Office shall file a notice advising the Court and Plaintiff of: (a)

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

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

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

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

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

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If the last known address of the defendant(s) is a post office box, the Attorney General's Office

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shall attempt to obtain 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 file a

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

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

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has not provided last-known-address information, Plaintiff shall provide the full name and address

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for the defendant(s).

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9.

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

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defendant(s) shall file and serve an answer or other response to the complaint no later than

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December 31, 2019.

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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 was

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

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

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notice of appearance, at the physical or electronic address stated therein. The Court may disregard

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any document received by a district judge or magistrate judge which has not been filed with the

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Clerk, and any document received by a district judge, magistrate judge, or the Clerk which fails to

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include a certificate showing proper service.

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DATED: November 1, 2019.
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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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