Harris v. Moore et al

Filing 18

ORDER granting 1 Motion/Application for Leave to Proceed in forma pauperis. (see order details). Signed by Magistrate Judge Elayna J. Youchah on 3/5/2025. (For Distribution by law library.) (Copies have been distributed pursuant to the NEF; cc: Finance, NVDOC, NVAG - MAM)

Case 2:23-cv-01801-CDS-EJY

1

Filed 03/05/25

Page 1 of 3

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

2
3

Document 18

Barry Harris,

4

Case No. 2:23-cv-01801-CDS-EJY
Plaintiff,
ORDER

5

v.

6

A. Moore, et al.,

7

Defendants.

8
9

This action commenced when Plaintiff filed his 42 U.S.C. § 1983 Civil Rights Complaint

10

on November 3, 2023. ECF No. 1-1. Plaintiff also filed an application to proceed in forma

11

pauperis. ECF No. 1. The financial information provided by Plaintiff demonstrates he is unable

12

to prepay the filing fee in this matter. On October 16, 2024, the Court imposed a stay and ordered

13

the parties to mediate with a court-appointed mediator. ECF Nos. 6, 8. A resolution was not

14

reached after two mediation conferences. ECF Nos. 10, 15.

15

For the foregoing reasons, IT IS HEREBY ORDERED that:

16

1.

Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is GRANTED.

17

Plaintiff is permitted to maintain this action to conclusion without the necessity of prepayment of

18

any additional fees or costs or the giving of security therefor.

19

2.

Under 28 U.S.C. § 1915, the Nevada Department of Corrections will forward

20

payments from the account of Barry Harris, 95363 to the Clerk of the United States District

21

Court, District of Nevada, at a rate of 20% of the preceding month’s deposits (in months that the

22

account exceeds $10.00) until the full $350 filing fee has been paid for this action. The Clerk of

23

the Court will SEND a copy of this Order to (1) the Finance Division of the Clerk’s Office and (2)

24

to the attention of the Chief of Inmate Services for the Nevada Department of Corrections at

25

[e-mail].

26
27
28

1

Case 2:23-cv-01801-CDS-EJY

1
2
3

3.

Document 18

Filed 03/05/25

Page 2 of 3

In the event that this action is dismissed, the filing fee must still be paid pursuant

to 28 U.S.C. § 1915(b)(2).
4.

The Clerk of the Court will electronically SERVE a copy of this Order, the

4

Screening Order (ECF No. 6), and a copy of Plaintiff’s First Amended Complaint (ECF No. 5) on

5

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

6

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

7

5.

Subject to the findings of the Screening Order (ECF No. 6), within 21 days of the

8

date of entry of this Order, the Attorney General’s Office must file a notice advising the Court and

9

Plaintiff of: (a) the names of the defendants for whom it accepts service; (b) the names of the

10

defendants for whom it does not accept service, and (c) the names of the defendants for whom it

11

is filing the last-known-address information under seal. As to any of the named defendants for

12

whom the Attorney General’s Office cannot accept service, the Attorney General’s Office must

13

file, under seal, but will not serve the inmate Plaintiff the last known address(es) of those

14

defendant(s) for whom it has such information. If the last known address of the defendant(s) is a

15

post office box, the Attorney General’s Office must attempt to obtain and provide the last known

16

physical address(es).

17

6.

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

18

a motion identifying the unserved defendant(s), requesting issuance of a summons, and specifying

19

a full name and address for the defendant(s). For the defendant(s) the Attorney General’s Office

20

cannot provide last-known-address information, Plaintiff must provide the full name and address,

21

if known, for the defendant(s).

22

7.

If the Attorney General’s Office accepts service of process for any named

23

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

24

Amended Complaint (ECF No. 5) within 60 days from the date of this Order.

25
26

8.

Service of the operative complaint on defendants must be accomplished within 90

days of the date of this Order.

27
28

2

Case 2:23-cv-01801-CDS-EJY

1

9.

Document 18

Filed 03/05/25

Page 3 of 3

Plaintiff must 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. Plaintiff must include with the original document submitted for filing

4

a certificate stating the date that a true and correct copy of the document was mailed or

5

electronically filed to the defendants or counsel for the defendants. If counsel has entered a notice

6

of appearance, Plaintiff must direct service to the individual attorney named in the notice of

7

appearance, at the physical or electronic address stated therein. The Court may disregard any

8

document received by a district judge or magistrate judge that has not been filed with the Clerk,

9

and any document received by a district judge, magistrate judge, or the Clerk that fails to include

10

a certificate showing proper service.

11

10.

This case is no longer stayed.

12

Dated this 5th day of March, 2025.

13
14
15

ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28

3