Hendrix v. LeGrand et al

Filing 9

ORDER - IFP Application (ECF No. 1 ) is GRANTED. NDOC shall pay Clerk $350 filing fee from inmate account. Clerk shall SEND copy this order to Finance, and to to NDOC Inmate Services. (Email (NEF) to Finance; copy mailed to NDOC, 1/1 8/2023.) Clerk shall electronically SERVE a copy of this order and a copy of Plaintiff's FAC (ECF No. 4 ) on the AG by adding the AG to the docket sheet. (E-service 1/18/2023; FAC via NEF regeneration.) AG shall advise within 21 days o f date of entry of this order (2/8/2023) re acceptance of service; and file under seal addresses for Ds for which service not accepted. P shall file a motion re unserved Ds. If AG accepts service then answer to FAC due within sixty (60) days fr om the date of this order (3/18/2023). Henceforth P shall serve Ds or Ds' counsel a copy of every pleading submitted for consideration, together with a certificate of service. This case is no longer stayed. Signed by Magistrate Judge Brenda Weksler on 1/17/2023. (Copies have been distributed pursuant to the NEF - DRM)

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Case 2:22-cv-01402-ART-BNW Document 9 Filed 01/17/23 Page 1 of 3 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 JAMAL DAMON HENDRIX, Case No. 2:22-cv-01402-ART-BNW Plaintiff, v. ORDER KARA LEGRAND, et al., 7 Defendants. 8 9 This action began with a pro se civil rights complaint filed pursuant to 42 U.S.C. § 10 1983 by a state prisoner. Plaintiff has submitted an application to proceed in forma 11 pauperis. (ECF No. 1). Based on the financial information provided, the Court finds that 12 Plaintiff is unable to prepay the full filing fee in this matter. 13 The Court entered a screening order on October 12, 2022. (ECF No. 3). The 14 screening order imposed a 90-day stay, and the Court entered a subsequent order in 15 which the parties were assigned to mediation by a court-appointed mediator. (ECF Nos. 16 3, 6). A mediation session was held on January 13, 2023, and a settlement was not 17 reached. (ECF No. 8). 18 For the foregoing reasons, IT IS ORDERED that: 19 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is 20 GRANTED. Plaintiff shall not be required to pay an initial installment of the filing fee. In 21 the event that this action is dismissed, the full filing fee must still be paid pursuant to 28 22 U.S.C. § 1915(b)(2). 23 2. The movant herein is permitted to maintain this action to conclusion without 24 the necessity of prepayment of any additional fees or costs or the giving of security 25 therefor. 26 3. Pursuant to 28 U.S.C. § 1915, as amended by the Prison Litigation Reform 27 Act, the Nevada Department of Corrections will forward payments from the account of 28 Jamal Damon Hendrix, #1083418 to the Clerk of the United States District Court, District 1 Case 2:22-cv-01402-ART-BNW Document 9 Filed 01/17/23 Page 2 of 3 1 of Nevada, 20% of the preceding month’s deposits (in months that the account exceeds 2 $10.00) until the full $350 filing fee has been paid for this action. The Clerk of the Court 3 will send a copy of this order to the Finance Division of the Clerk’s Office. The Clerk will 4 send a copy of this order to the attention of Chief of Inmate Services for the Nevada 5 Department of Corrections, P.O. Box 7011, Carson City, NV 89702. 6 4. The Clerk of the Court shall electronically SERVE a copy of this order and 7 a copy of Plaintiff’s complaint (ECF No. 4) on the Office of the Attorney General of the 8 State of Nevada. This does not indicate 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- 12 one (21) days of the date of entry of this order, the Attorney General’s Office shall file a 13 notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it 14 accepts service; (b) the names of the defendants for whom it does not accept service, 15 and (c) the names of the defendants for whom it is filing the last-known-address 16 information under seal. As to any of the named defendants for whom the Attorney 17 General’s Office cannot accept service, the Office shall file, under seal, but shall not serve 18 the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such 19 information. If the last known address of the defendant(s) is a post office box, the Attorney 20 General's Office shall attempt to obtain and provide the last known physical address(es). 21 7. If service cannot be accepted for any of the named defendant(s), Plaintiff 22 shall file a motion identifying the unserved defendant(s), requesting issuance of a 23 summons, and specifying a full name and address for the defendant(s). For the 24 defendant(s) as to which the Attorney General has not provided last-known-address 25 information, Plaintiff shall provide the full name and address for the defendant(s). 26 8. If the Attorney General accepts service of process for any named 27 defendant(s), such defendant(s) shall file and serve an answer or other response to the 28 complaint (ECF No. 4) within sixty (60) days from the date of this order. 2 Case 2:22-cv-01402-ART-BNW Document 9 Filed 01/17/23 Page 3 of 3 1 9. Plaintiff shall serve upon defendant(s) or, if an appearance has been 2 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other 3 document submitted for consideration by the Court. If Plaintiff electronically files a 4 document with the Court’s electronic-filing system, no certificate of service is required. 5 Fed. R. Civ. P. 5(d)(1)(B); Nev. Loc. R. IC 4-1(b); Nev. Loc. R. 5-1. However, if Plaintiff 6 mails the document to the Court, Plaintiff shall include with the original document 7 submitted for filing a certificate stating the date that a true and correct copy of the 8 document was mailed to the defendants or counsel for the defendants. If counsel has 9 entered a notice of appearance, Plaintiff shall direct service to the individual attorney 10 named in the notice of appearance, at the physical or electronic address stated therein. 11 The Court may disregard any document received by a district judge or magistrate judge 12 which has not been filed with the Clerk, and any document received by a district judge, 13 magistrate judge, or the Clerk which fails to include a certificate showing proper service 14 when required. 15 16 17 18 19 10. This case is no longer stayed. DATED: January 17, 2023. BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 3

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