Robinson v. Williams et al

Filing 24

P's # 7 Application to proceed IFP is GRANTED. Initial partial filing fee of $35.80 toward the full filing fee due by 2/10/2012. Clerk shall send P 2 copies this Order; P shall arrange return of 1 copy w payment. NDOC shall pay Clerk from inmate account. Clerk shall send copy this Order to Finance and NDOC Inmate Services. ( E-service to Finance; Mail to NDOC on 1/11/2012 ) Clerk shall DETACH and FILE the complaint. Clerk shall SERVE copy this Order, copy of # 8 Screening Order, and copy of P's Complaint upon AG. (E-service to AG 1/11/2012) AG shall advise by 2/1/2012 re acceptance of service; and file under seal addresses for Ds for which service not accepted. P shall file a motion re any unserved Ds. If AG accepts servic e, then answer to complaint due by 3/10/2012. Henceforth P shall serve Ds or Ds' counsel a copy of every document submitted, together with a certificate of service. Signed by Magistrate Judge William G. Cobb on 1/10/2012. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHRISTOPHER KIRK ROBINSON,
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Plaintiff,
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vs.
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BRIAN WILLIAMS, et al.,
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Defendants.
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____________________________________)

3:11-cv-00520-LRH-WGC
ORDER

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Plaintiff, who is in the custody of the Nevada Department of Corrections, has submitted a civil
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rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1). Based on the financial information
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provided, the Court finds that plaintiff is unable to prepay the full filing fee in this matter. Therefore,
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IT IS ORDERED as follows:
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1.

Plaintiff’s application to proceed in forma pauperis (ECF No. 7) is GRANTED;

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however, plaintiff must pay an initial partial filing fee of $35.80 toward the full filing fee
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of three hundred fifty dollars ($350.00). Plaintiff shall have thirty (30) days from the
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date this order is entered in which to have the designated fee sent to the Clerk of the
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Court. Failure to do so may result in dismissal of this action. 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.

The movant herein 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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This order granting leave to proceed in forma pauperis shall not extend to the issuance

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of subpoenas at government expense.

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3.

The Clerk of the Court shall SEND plaintiff two copies of this order. Plaintiff is ordered

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to make the necessary arrangements to have one copy of this order attached to the check

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in the amount of the designated fee, by sending a copy of the order with the “brass slip”

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for the amount of the fee to Inmate Services for the Nevada Department of Corrections.

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4.

Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections shall pay to

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the Clerk of the United States District Court, District of Nevada, 20% of the preceding

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month’s deposits to plaintiff’s account (inmate #78354), in the months that the account

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exceeds $10.00, until the full $350.00 filing fee has been paid for this action. The Clerk

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of the Court shall SEND a copy of this order to the Finance Division of the Clerk’s

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Office. The Clerk shall also SEND a copy of this order to the attention of the Chief of

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Inmate Services for the Nevada Department of Corrections, P.O. Box 7011, Carson City,

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NV 89702.

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5.

The Clerk shall DETACH and FILE the complaint.

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6.

The Clerk shall electronically SERVE a copy of this order, a copy of the court’s

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Screening Order (ECF No. 8) and a copy of plaintiff’s complaint (ECF No. 1) on the

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Office of the Attorney General of the State of Nevada, attention Pamela Sharp.

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7.

The Attorney General’s Office shall advise the court within twenty-one (21) days of the

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date of the entry of this order whether it can accept service of process for the named

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defendants. As to any of the named defendants for which the Attorney General’s Office

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cannot accept service, the Office shall file, under seal, the last known address(es) of

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those defendant(s).

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8.

If service cannot be accepted for any of the named defendant(s), plaintiff shall file a

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

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specifying a full name and address for said defendant(s).

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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 within

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sixty (60) days from the date of this order.

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10.

Henceforth, plaintiff shall serve upon defendant(s) or, if an appearance has been entered

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

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submitted for consideration by the court. Plaintiff shall include with the original paper

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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, the plaintiff shall direct service to the individual attorney

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named in the notice of appearance, at the address stated therein. The court may disregard

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any paper received by a district judge or magistrate judge which has not been filed with

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the Clerk, and any paper received by a district judge, magistrate judge, or the Clerk

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which fails to include a certificate showing proper service.

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IT IS SO ORDERED.

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DATED: January 10, 2012.

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_________________________________________
UNITED STATES MAGISTRATE JUDGE

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