Bai v. Reubart et al

Filing 15

ORDER granting 1 Motion/Application for Leave to Proceed in forma pauperis. Plaintiff is allowed to proceed without prepayment of filing fees. A copy of this order shall be forwarded to Inmate Services for payment information. The Clerk is directed to serve a copy of the 5 Complaint and this order electronically upon the Attorney General's Office for the State of Nevada. The AG's office shall file notice with the court regarding representation and service as outlined in the order by 11/3/2020. The Court Further Denies as moot 10 Motion regarding mediation and the 12 Motion to proceed in forma pauperis. See Order for additional information and deadlines. Signed by Magistrate Judge Nancy J. Koppe on 10/13/2020. (Copies have been distributed pursuant to the NEF; CC to Finance and Inmate Services - DRS)

Case 2:19-cv-00739-GMN-NJK Document 15 Filed 10/13/20 Page 1 of 3

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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XIAOYE BAI,

Case No. 2:19-cv-00739-GMN-NJK

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Plaintiff,

ORDER

v.
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REUBART 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 March 31, 2020. Docket No. 4. 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. 4, 11. The Office of the

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Attorney General has filed a status report indicating that settlement has not been reached and

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

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In light of this order and the mediation, the Court denies Plaintiff’s motion concerning

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mediation, Docket No. 10, and Plaintiff’s motion regarding his application to proceed in forma

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pauperis, Docket No. 12, as moot.

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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

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

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Case 2:19-cv-00739-GMN-NJK Document 15 Filed 10/13/20 Page 2 of 3

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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 (Xiaoye Bai, #1099896), 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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4.

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. 5, 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.

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5.

Service must be perfected no later than January 11, 2021, pursuant to Fed. R. Civ.

P. 4(m).
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Subject to the findings of the screening order, Docket No. 4, no later than November

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3, 2020, 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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Case 2:19-cv-00739-GMN-NJK Document 15 Filed 10/13/20 Page 3 of 3

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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. 5, no

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later than December 14, 2020.

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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. 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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11.

Plaintiff’s motion concerning mediation, Docket No. 10, is DENIED as moot.

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12.

Plaintiff’s motion regarding application to proceed in forma pauperis, Docket No.

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12, is DENIED as moot.
DATED: October 13, 2020.

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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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