Galego v. Bannister et al

Filing 10

ORDER. IT IS HEREBY ORDERED, plaintiff's 1 application to proceed in forma pauperis is GRANTED. Plaintiff will be permitted to maintain this action to conclusion w/out prepayment of the full filing fee. However, plaintiff must pay an initial installment of the filing fee in the amount of $16.13. FURTHER ORDERED, the NDOC shall immediately pay to the USDC, District of NV, the $16.13 initial installment of the filing fee, if sufficient funds exist in the inmate ac count. Thereafter, the NDOC shall pay to the Clerk 20% of the preceding month's deposits to the plaintiff's inmate account (in months that the account exceeds $10.00) until the full $350 filing fee has been paid for this acti on. The Clerk shall send a copy of this order to the attention of Chief of Inmate Service for the NDOP. (Sent: 11/15/2010.) FURTHER ORDERED, even if this action is dismissed, or is otherwise unsuccessful, the full filing fee shall still be du e. FURTHER ORDERED, the Clerk shall FILE the complaint (docket 1 -1). FURTHER ORDERED, defendants Bruce Banister, Robert LeGrand and Katherine Hegge are DISMISSED from this action. FURTHER ORDERED, plaintiff's Eighth Amendment cl aims against defendant John Scott and Don Poag MAY PROCEED. FURTHER ORDERED as follows: (1) Clerk shall electronically serve a copy of this order, including the attached Notice of Intent to Proceed with Mediation form, along with a copy of pla intiff's complaint, on the Office of the AG of the State of NV, attn. Pamela Sharp (electronically sent 11/15/2010, see NEF for details); (2) the AG Office shall advise the Court w/in twenty-one (21) days of the date of entry of th is order whether it can accept service of process for the named defendants. Any defendants for which the AG cannot accept service, the AG shall file, under seal, the last known address(es) of the those defendant(s); (3) plaintiff shall file a motion identifying any unserved defendant(s), requesting issuance of a summons, and specifying a full name and address for said defendant(s); (4) if the AG accepts service of process for any named defendant(s), such defendant(s) shall file and serve an answer of other response to the complaint w/in thirty (30) days following the date of the early inmate mediation. If the court declines to mediate this case, an answer or other response shall be due w/in thirty (30) days following the order declining mediation; (5) the parties SHALL DETACH, COMPLETE, AND FILE the attached Notice of Intent to Proceed with Mediation form on or before thirty (30) days from the date of entry of this order. FURTHER ORDERED, plaintiff is provided with filing requirements and instructions, see order for details. FURTHER ORDERED, 3 motion re copy work funds and 9 motion to extend prison copywork limit are DENIED. Signed by Judge Larry R. Hicks on 11/10/2010. (Copies have been distributed pursuant to the NEF - KO)