Hines v. Faulkner

Filing 11

ORDER. IT IS HEREBY ORDERED that:1. 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 the event that this action is dismissed, the full filing fee must still be paid. 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 order granting leave to proceed in forma pauperis shall not extend to the issuance and/or service of subpoenas at government expense. 3. The Nevada Department of Corrections shall pay to the Clerk of the United States District Court, District of Nevada, 20% o f the preceding month's deposits to Plaintiff's account (Tony Hines, #14349), in the months that the account exceeds $10.00, until the full $350.00 filing fee has been paid for this action. The Clerk of the Court shall SEND a co py of this order to the Finance Division of the Clerk's Office. The Clerk of the Court shall also SEND a copy of this order to the attention of the Chief of Inmate Services for the Nevada Department of Corrections, P.O. Box 7011, Carson City, NV 89702. 4. The Clerk of the Court shall electronically SERVE a copy of this order and a copy of Plaintiff's complaint (ECF No. 4 ) on the Office of the Attorney General of the State of Nevada by adding the Attorney General of the State o f Nevada to the docket sheet. This does not indicate acceptance of service. 5. Service must be perfected within ninety (90) days from the date of this order pursuant to Fed. R. Civ. P. 4(m). 6. Subject to the findings of the screening order (ECF No. 3 ), within twenty-one (21) days of the date of entry of this order, the Attorney General's Office shall file a notice advising the Court and Plaintiff of: See Order for details. 7. If service cannot be accepted for any of the nam ed defendant(s), Plaintiff shall file a motion identifying the unserved defendant(s), requesting issuance of a summons, and specifying a full name and address for the defendant(s). For the defendant(s) as to which the Attorney General has not prov ided last-known-address information, Plaintiff shall provide the full name and address for the defendant(s). 8. If the Attorney General accepts service of process for any named defendant(s), such defendant(s) shall file and serve an answer or ot her response to the complaint (ECF No. 4 ) within sixty (60) days from the date of this order. 9. Plaintiff shall serve upon defendant(s) or, if an appearance has been entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document submitted for consideration by the Court. See Order for details. 10. This case is no longer stayed. Signed by Magistrate Judge Elayna J. Youchah on 11/19/2020. (Copies have been distributed pursuant to the NEF - HAM)

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Case 2:19-cv-01203-GMN-EJY Document 11 Filed 11/19/20 Page 1 of 3 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 TONY HINES, Case No. 2:19-cv-01203-GMN-EJY 4 Plaintiff, 5 v. 6 B. FAULKNER, 7 ORDER Defendant. 8 9 This action began with a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 10 by a state prisoner. Plaintiff has submitted an application to proceed in forma pauperis. (ECF No. 11 1). Based on the financial information provided, the Court finds that Plaintiff is unable to prepay 12 the full filing fee in this matter. 13 The Court entered a screening order on June 18, 2020. (ECF No. 3). The screening order 14 imposed a 90-day stay and the Court entered a subsequent order in which the parties were assigned 15 to mediation by a court-appointed mediator. (ECF Nos. 3, 6). The Office of the Attorney General 16 has filed a status report indicating that settlement has not been reached and informing the Court of 17 its intent to proceed with this action. (ECF No. 10). 18 For the foregoing reasons, IT IS HEREBY ORDERED that: 19 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is GRANTED. 20 Plaintiff shall not be required to pay an initial installment of the filing fee. In the event that this 21 action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. § 1915(b)(2). 22 2. The movant herein is permitted to maintain this action to conclusion without the 23 necessity of prepayment of any additional fees or costs or the giving of security therefor. This 24 order granting leave to proceed in forma pauperis shall not extend to the issuance and/or service 25 of subpoenas at government expense. 26 3. Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections shall 27 pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding 28 month’s deposits to Plaintiff’s account (Tony Hines, #14349), in the months that the account 1 Case 2:19-cv-01203-GMN-EJY Document 11 Filed 11/19/20 Page 2 of 3 1 exceeds $10.00, until the full $350.00 filing fee has been paid for this action. The Clerk of the 2 Court shall SEND a copy of this order to the Finance Division of the Clerk’s Office. The Clerk 3 of the Court shall also SEND a copy of this order to the attention of the Chief of Inmate Services 4 for the Nevada Department of Corrections, P.O. Box 7011, Carson City, NV 89702. 5 4. The Clerk of the Court shall electronically SERVE a copy of this order and a copy 6 of Plaintiff’s complaint (ECF No. 4) on the Office of the Attorney General of the State of Nevada 7 by adding the Attorney General of the State of Nevada to the docket sheet. This does not indicate 8 acceptance of service. 9 10 11 5. Service must be perfected within ninety (90) days from the date of this order pursuant to Fed. R. Civ. P. 4(m). 6. Subject to the findings of the screening order (ECF No. 3), within twenty-one (21) 12 days of the date of entry of this order, the Attorney General’s Office shall file a notice advising 13 the Court and Plaintiff of: (a) the names of the defendants for whom it accepts service; (b) the 14 names of the defendants for whom it does not accept service, and (c) the names of the defendants 15 for whom it is filing the last-known-address information under seal. As to any of the named 16 defendants for whom the Attorney General’s Office cannot accept service, the Office shall file, 17 under seal, but shall not serve the inmate Plaintiff the last known address(es) of those defendant(s) 18 for whom it has such information. If the last known address of the defendant(s) is a post office 19 box, the Attorney General’s Office shall attempt to obtain and provide the last known physical 20 address(es). 21 7. If service cannot be accepted for any of the named defendant(s), Plaintiff shall file 22 a motion identifying the unserved defendant(s), requesting issuance of a summons, and specifying 23 a full name and address for the defendant(s). For the defendant(s) as to which the Attorney General 24 has not provided last-known-address information, Plaintiff shall provide the full name and address 25 for the defendant(s). 26 8. If the Attorney General accepts service of process for any named defendant(s), such 27 defendant(s) shall file and serve an answer or other response to the complaint (ECF No. 4) within 28 sixty (60) days from the date of this order. 2 Case 2:19-cv-01203-GMN-EJY Document 11 Filed 11/19/20 Page 3 of 3 1 9. Plaintiff shall serve upon defendant(s) or, if an appearance has been entered by 2 counsel, upon their attorney(s), a copy of every pleading, motion or other document submitted for 3 consideration by the Court. If Plaintiff electronically files a document with the Court’s electronic- 4 filing system, no certificate of service is required. Fed. R. Civ. P. 5(d)(1)(B); Nev. Loc. R. IC 4- 5 1(b); Nev. Loc. R. 5-1. However, if Plaintiff mails the document to the Court, Plaintiff shall 6 include with the original document submitted for filing a certificate stating the date that a true and 7 correct copy of the document was mailed to the defendants or counsel for the defendants. If 8 counsel has entered a notice of appearance, Plaintiff shall direct service to the individual attorney 9 named in the notice of appearance, at the physical or electronic address stated therein. The Court 10 may disregard any document received by a district judge or magistrate judge which has not been 11 filed with the Clerk, and any document received by a district judge, magistrate judge, or the Clerk 12 which fails to include a certificate showing proper service when required. 13 10. This case is no longer stayed. 14 DATED this 19th day of November 2020. 15 16 17 ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 3

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