Henrickson v. Daniels et al
Filing
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ORDER Granting 5 Motion/Application for Leave to Proceed in forma pauperis. Service must be perfected no later than 12/7/2021. Subject to the findings of the screening order, Docket No. 10, no later than 9/29/2021, the Attorney Generals Office shall file a notice. 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, Docket No. 11 , no later than 11/8/2021. Signed by Magistrate Judge Nancy J. Koppe on 9/8/2021. (Copies have been distributed pursuant to the NEF -cc: Chief of Inmate Services, Finance - JQC)
Case 2:20-cv-01676-JAD-NJK Document 19 Filed 09/08/21 Page 1 of 3
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TRENT JAMES HENRICKSON,
Case No. 2:20-cv-01676-JAD-NJK
Plaintiff,
v.
ORDER
CHARLES DANIELS, et al.,
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. 5. 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 10, 2021. Docket No. 10. 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. 10, 15. The Office of the
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Attorney General has now 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. 18.
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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 is GRANTED. Docket No. 5.
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Plaintiff is not required to pay an initial installment of the filing fee. In the event that this action
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is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. § 1915(b)(2).
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2.
Plaintiff 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.
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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 Trent James
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Henrickson, #1150845 to the Clerk of the United States District Court, District of Nevada, 20%
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of the preceding month's deposits (in months that the account exceeds $10.00) until the full $350
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Case 2:20-cv-01676-JAD-NJK Document 19 Filed 09/08/21 Page 2 of 3
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filing fee has been paid for this action. The Clerk of the Court will send a copy of this order to the
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Finance Division of the Clerk’s Office. The Clerk will send a copy of this order to the attention
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of Chief of Inmate Services for the Nevada Department of Corrections, P.O. Box 7011, Carson
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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. 11, on the Office of the Attorney General of the State of
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Nevada by adding the Attorney General of the State of Nevada to the docket sheet. This does not
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indicate acceptance of service.
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5.
Service must be perfected no later than December 7, 2021, pursuant to Fed. R. Civ.
P. 4(m).
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Subject to the findings of the screening order, Docket No. 10, no later than
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September 29, 2021, the Attorney General’s Office shall file a notice advising the Court and
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Plaintiff of: (a) the names of the defendants for whom it accepts service; (b) the names of the
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defendants for whom it does not accept service, and (c) the names of the defendants for whom it
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is filing the last-known-address information under seal. As to any of the named defendants for
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whom the Attorney General’s Office cannot accept service, the Office shall file, under seal, but
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shall not serve the inmate Plaintiff the last known address(es) of those defendant(s) for whom it
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has such information. If the last known address of the defendant(s) is a post office box, the
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Attorney General's Office 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. 11, no
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later than November 8, 2021.
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Case 2:20-cv-01676-JAD-NJK Document 19 Filed 09/08/21 Page 3 of 3
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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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DATED: September 8, 2021.
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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE
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