Davis v. The State of Nevada et al

Filing 28

ORDER Granting 26 Motion/Application for Leave to Proceed in forma pauperis and 27 Motion to Waive Filing Fee and administrative fee. Service must be perfected within 90 days from the date of this order. IT IS FURTHER ORDERED that 21 days of the date of entry of this order, the Attorney General's Office will file a notice advising the Court and Plaintiff of: See Order for Details. If the Attorney General accepts service of process for any named defendant(s), such defendant(s) will file and serve an answer or other response to the 14 first amended complaint within sixty (60) days from the date of this order. This case is no longer stayed. Signed by Magistrate Judge Daniel J. Albregts on 2/5/2024. (Copies have been distributed pursuant to the NEF - JQC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES ANTHONY DAVIS,

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Plaintiff

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Case No. 2:22-cv-01796-RFB-DJA
ORDER

v.
STATE OF NEVADA, et al.,

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Defendants

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This now counseled action is a civil rights complaint filed under 42 U.S.C. § 1983

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by a former state prisoner. In compliance with this Court’s order, Plaintiff has submitted

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an application to proceed in district court without prepaying fees or costs following his

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release from prison. (ECF No. 26). Based on the financial information provided, the

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Court grants Plaintiff leave to proceed without prepayment of fees or costs under 28

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U.S.C. § 1915(a)(1). 1

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administrative filing fee in this matter. (ECF No. 27).

The Court grants Plaintiff’s motion to waive his filing fee and

On July 3, 2023, the Court entered a screening order.

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(ECF No. 15).

The

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screening order imposed a 90-day stay and the Court entered a subsequent order

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assigning the case to mediation by a court-appointed mediator. (ECF Nos. 15, 18). The

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case was later removed from the mediation program and moved to the normal litigation

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track. (ECF No. 22).

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IT IS THEREFORE ORDERED that:

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1.

Plaintiff’s application to proceed in district court without prepaying fees or

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costs (ECF No. 26) and motion to waive filing fee and administrative fee (ECF No. 27)

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are GRANTED.

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2.

Plaintiff 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.

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Plaintiff is not subject to the requirements of 28 U.S.C. § 1915(a)(2), (b) because he is
no longer a “prisoner” within the meaning of the statute. See 28 U.S.C. § 1915(h).

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The Clerk of the Court will electronically SERVE a copy of this order and a

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copy of Plaintiff’s first amended complaint (ECF No. 14) on the Office of the Attorney

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General of the State of Nevada, by adding the Attorney General of the State of Nevada

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to the docket sheet. This does not indicate acceptance of service.

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4.

Service must be perfected within ninety (90) days from the date of this order

pursuant to Fed. R. Civ. P. 4(m).
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Subject to the findings of the screening order (ECF No. 15), within twenty-

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one (21) days of the date of entry of this order, the Attorney General’s Office will file a

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notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it

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accepts service; (b) the names of the defendants for whom it does not accept service,

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and (c) the names of the defendants for whom it is filing the last-known-address

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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 will file, under seal, but will not serve

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the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such

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information. If the last known address of the defendant(s) is a post office box, the Attorney

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General's Office will attempt to obtain and provide the last known physical address(es).

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6.

If service cannot be accepted for any of the named defendant(s), Plaintiff

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will file a motion identifying the unserved defendant(s), requesting issuance of a

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summons, and specifying a full name and address for the defendant(s).

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defendant(s) as to which the Attorney General has not provided last-known-address

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information, Plaintiff will provide the full name and address for the defendant(s).

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7.

For the

If the Attorney General accepts service of process for any named

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defendant(s), such defendant(s) will file and serve an answer or other response to the

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first amended complaint (ECF No. 14) within sixty (60) days from the date of this order.

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8.

Plaintiff shall serve upon defendant(s) or, if an appearance has been

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entered by counsel, upon their attorney(s), a copy of every pleading, motion or other

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document submitted for consideration by the Court.

If Plaintiff electronically files a

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document with the Court’s electronic-filing system, no certificate of service is required.

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Fed. R. Civ. P. 5(d)(1)(B); Nev. Loc. R. IC 4-1(b); Nev. Loc. R. 5-1. However, if Plaintiff

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mails the document to the Court, Plaintiff shall include with the original document

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submitted for filing a certificate stating the date that a true and correct copy of the

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document was mailed to the defendants or counsel for the defendants. If counsel has

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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.

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The Court may disregard any document received by a district judge or magistrate judge

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which has not been filed with the Clerk, and any document received by a district judge,

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magistrate judge, or the Clerk which fails to include a certificate showing proper service

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when required.

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9.

This case is no longer stayed.

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DATED this 5th day of February 2024.

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UNITED STATES MAGISTRATE JUDGE

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