Kinford v. Bannister et al

Filing 25

ORDER GRANTING # 1 application to proceed IFP. NDOC shall pay Clerk from inmate account. Clerk shall send copy this order to NDOC Inmate Services. ( Mailed 2/24/2012; E-service to Finance. ) Clerk shall detach and file complaint. Clerk shall E-serv e AG. ( E-service 2/24/2012. ) AG shall advise by 3/16/2012 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 service accepted then answer due 4/23/2012. Hence forth P shall serve Ds or Ds counsel a copy of every doc submitted. Signed by Chief Judge Robert C. Jones on 2/23/2012. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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STEVEN KINFORD,

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Plaintiff,

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vs.

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Case No. 3:11-CV-00701-RCJ-(WGC)

ROBERT BANNISTER, et al.,

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ORDER

Defendants.

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Plaintiff, who is in the custody of the Nevada Department of Corrections, has submitted a

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civil rights complaint pursuant to 42 U.S.C. § 1983. The complaint was previously screened by the

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court (#3). The matter shall now proceed.

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IT IS ORDERED as follows:

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1.

Plaintiff’s application to proceed in forma pauperis (#1) is GRANTED. Plaintiff

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shall not be required to pay an initial installment of the filing fee. In the event that

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this action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. §

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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

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therefor. This order granting leave to proceed in forma pauperis shall not extend to

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the issuance of subpoenas at government expense.

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3.

Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections shall pay
to the Clerk of the United States District Court, District of Nevada, 20% of the

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preceding month’s deposits to plaintiff’s account (inmate #94098), in the months that

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the account exceeds $10.00, until the full $350.00 filing fee has been paid for this

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action. The Clerk of the Court shall send a copy of this order to the Finance Division

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of the Clerk’s Office. The Clerk shall also send a copy of this order to the attention

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of the Chief of Inmate Services for the Nevada Department of Corrections, P.O. Box

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7011, Carson City, NV 89702.

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4.

The Clerk shall detach and file the complaint.

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5.

The Clerk shall electronically serve a copy of this order and a copy of plaintiff’s

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complaint on the Office of the Attorney General of the State of Nevada, attention

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Pamela Sharp.
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The Attorney General’s Office shall advise the Court within twenty-one (21) days of

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

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named defendants. As to any of the named defendants for which the Attorney

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General’s Office cannot accept service, the Office shall file, under seal, the last

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known address(es) of those defendant(s).

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7.

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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8.

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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9.

Henceforth, 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. Plaintiff shall include with the

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original paper submitted for filing a certificate stating the date that a true and correct

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copy of the document was mailed to the defendants or counsel for the defendants. If

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counsel has entered a notice of appearance, the plaintiff shall direct service to the

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individual attorney named in the notice of appearance, at the address stated therein.
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The court may disregard any paper received by a district judge or magistrate judge

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

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

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service.

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23rd
Dated: This __________ day of February, 2012.

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_________________________________
ROBERT C. JONES
Chief United States District Judge

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