Peck v. State of Nevada, ex rel et al

Filing 27

ORDER granting in part and denying in part 20 Motion; ORDER denying 23 Motion; ORDER granting 1 Motion/Application for Leave to Proceed in forma pauperis.Nevada Department of Corrections shall pay to the Clerk of the United States Dist rict 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. Signed by Magistrate Judge Cam Ferenbach on 1/2/2019. (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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FRANK M. PECK,

Case No. 2:18-cv-00237-APG-VCF

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Plaintiff,
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STATE OF NEVADA et al.,

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Defendants.

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This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by
a state prisoner. Plaintiff has submitted an application to proceed in forma pauperis.
(ECF No. 1). Based on the financial information provided, the Court finds that Plaintiff is
unable to prepay the full filing fee in this matter.

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The Court entered a screening order on July 5, 2018. (ECF No. 6). The screening
order imposed a 90-day stay and the Court entered a subsequent order in which the
parties were assigned to mediation by a court-appointed mediator. (ECF Nos. 6, 12).
The Office of the Attorney General has filed a status report indicating that settlement has
not been reached and informing the Court of its intent to proceed with this action. (ECF
No. 25).

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ORDER

v.

The Court denies in part and grants in part Plaintiff’s motion for copies at a reduced
rate (ECF No. 20). The Court will send Plaintiff a copy of his reply (ECF No. 13) at no
cost.
The Court denies Plaintiff’s motion for return of his mediation statement. (ECF No.
23). Pursuant to the amended order setting inmate early mediation conference, after the
mediation, the mediator shredded the mediation statements to ensure confidentiality.
(ECF No. 19 at 4).
For the foregoing reasons, IT IS ORDERED that:
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Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is

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 (Frank M. Peck, #57106), in the months

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

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

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

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

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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 complaint (ECF No. 7) on the Office of the Attorney General of the

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

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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 (ECF No. 6), within twenty-

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

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

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

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

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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

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the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such
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information. If the last known address of the defendant(s) is a post office box, the Attorney

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General's Office 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

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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).
8.

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For the

If the Attorney General accepts service of process for any named

defendant(s), such defendant(s) shall file and serve an answer or other response to the
complaint within sixty (60) days from the date of this order.
9.

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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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11.

The motion for copies at reduced rate (ECF No. 20) is denied in part and

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granted in part. The Clerk is directed to send Plaintiff a copy of Plaintiff’s reply and exhibits

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(ECF Nos. 13, 13-1) at no cost.

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12.

The motion for return of mediation statement (ECF No. 23) is denied.

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DATED this 2nd day of January, 2019.
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UNITED STATES MAGISTRATE JUDGE
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