Burns v. Hanf et al

Filing 20

ORDER granting 1 Motion/Application for Leave to Proceed in forma pauperis. The Clerk will send a copy of this order to the Chief of Inmate Services for the Nevada Department of Corrections. The Clerk of the Court shall electronically SE RVE a copy of this order and a copy of Plaintiff's first amended complaint, Docket No. 7 (Copy attached for distribution to P via HDSP law library), on the Office of the Attorney General. Service must be perfected, no later than July 27, 2021, pursuant to Fed. R. Civ. P. 4(m). No later than May 19, 2021, the Attorney General's Office shall file a notice advising the Court and Plaintiff of the names of the defendants for whom it accepts service. Answer or other response to the first amended complaint (Docket No. 7 ) no later than June 28, 2021. This case is no longer stayed. Signed by Magistrate Judge Nancy J. Koppe on 4/28/2021. (Attachments: # 1 Complaint )(Copies have been distributed pursuant to the NEF - HAM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DAVID BURNS,

Case No. 2:19-cv-00722-JAD-NJK

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Plaintiff,

ORDER

v.
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HANF 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. Docket

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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 October 28, 2020. Docket No. 9. The screening

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

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assigned to mediation by a court-appointed mediator. Docket Nos. 9, 13. The parties did not settle

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at mediation. Docket No. 19. This case will therefore proceed on the normal litigation track.

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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, as amended by the Prison Litigation Reform Act, the

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Nevada Department of Corrections will forward payments from the account of David Burns,

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#1139521 to the Clerk of the United States District Court, District of Nevada, 20% of the preceding
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month's deposits (in months that the account exceeds $10.00) until the full $350 filing fee has been

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

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of the Clerk’s Office. The Clerk will send a copy of this order to the attention of Chief of Inmate

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Services 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 and a copy

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of Plaintiff’s first amended complaint, Docket 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 sheet. This

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does not indicate acceptance of service.
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Service must be perfected, no later than July 27, 2021, pursuant to Fed. R. Civ. P.

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Subject to the findings of the screening order, Docket No. 9, no later than May 19,

4(m).

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2021, the Attorney General’s Office shall file a notice advising the Court and Plaintiff of: (a) the

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

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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 first amended complaint

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(Docket No. 7) no later than June 28, 2021.

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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. If Plaintiff electronically files a document with the Court’s electronic-

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filing system, no certificate of service is required. Fed. R. Civ. P. 5(d)(1)(B); Nev. Loc. R. IC 4-

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1(b); Nev. Loc. R. 5-1. However, if Plaintiff mails the document to the Court, Plaintiff shall

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include with the original document submitted for filing a certificate stating the date that a true and

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correct copy of the document was mailed to the defendants or counsel for the defendants. If

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counsel has entered a notice of appearance, Plaintiff shall direct service to the individual attorney

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named in the notice of appearance, at the physical or electronic address stated therein. The Court

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may disregard any document received by a district judge or magistrate judge which has not been

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filed with the Clerk, and any document received by a district judge, magistrate judge, or the Clerk

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which fails to include a certificate showing proper service when required.

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10.

This case is no longer stayed.

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DATED: April 28, 2021.
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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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