Peters v. Baca et al

Filing 15

ORDER Granting 1 Application for Leave to Proceed in forma pauperis. Proof of service due by 1/2/2020. See Order for further specifications/deadlines. Signed by Magistrate Judge Nancy J. Koppe on 10/4/2019. (Copies have been distributed pursuant to the NEF - cc: Finance, Chief of Inmate Services for the Nevada Department of Corrections, Nevada Attorney General - ADR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RICHARD W. PETERS,

Case No. 2:18-cv-00893-APG-NJK

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Plaintiff,

ORDER

v.
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ISIDRO BACA 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. § 1983

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by a state prisoner. Plaintiff has submitted an application to proceed in forma pauperis. Dockt

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No. 1. Based on the financial information provided, the Court finds that Plaintiff is unable to

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prepay the full filing fee in this matter.

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The Court entered a screening order on June 24, 2019. Docket No. 6. The screening order

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

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to mediation by a court-appointed mediator. Docket Nos. 6, 9. The Office of the Attorney General

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has now filed a status report indicating that settlement has not been reached and informing the

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Court of its intent to proceed with this action. Docket No. 14.

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For the foregoing reasons, IT IS ORDERED that:

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1.

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

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

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

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2.

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

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

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order granting leave to proceed in forma pauperis shall not extend to the issuance and/or service

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of subpoenas at government expense.

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3.

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

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

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month’s deposits to Plaintiff’s account (Richard W. Peters, #92314), in the months that the
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account exceeds $10.00, until the full $350.00 filing fee has been paid for this action. The Clerk

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

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

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Services for the Nevada Department of Corrections, P.O. Box 7011, Carson City, NV 89702.
4.

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

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of Plaintiff’s complaint, Docket No. 7, on the Office of the Attorney General of the State of Nevada

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by adding the Attorney General of the State of Nevada to the docket sheet. This does not indicate

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acceptance of service.
5.

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Service must be perfected no later than January 2, 2020, pursuant to Fed. R. Civ. P.

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Subject to the findings of the screening order, Docket No. 6, no later than October

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25, 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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7.

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

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a 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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8.

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, Docket No. 7, no

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later than December 3, 2019.

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9.

Plaintiff shall serve upon defendant(s) or, if an appearance has been entered by

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counsel, upon their attorney(s), a copy of every pleading, motion or other document submitted for

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

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a certificate stating the date that a true and correct copy of the document was mailed or

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electronically filed to the defendants or counsel for the defendants. If counsel has entered a notice

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

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

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

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

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a certificate showing proper service.
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This case is no longer stayed.

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DATED: October 4, 2019.
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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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