Green v. Bannister et al

Filing 9

ORDER: IT IS ORDERED that Plaintiff's application to proceed in forma pauperis is GRANTED. Plaintiff to pay initial installment of $5.00 within 30 days. Clerk shall send plaintiff two copies of this order. (Copies sent 7/5 /12) Plaintiff to make necessary arrangements to have one copy of this order, attached to check in amount of initial installment, sent to Clerk. NDOC shall pay to Clerk 20% of the preceding month's deposits to plaintiff's account (in months that account exceeds $10.00), until full $350 filing fee paid. Clerk shall send copy of order to Finance Division of the Clerks Office and to Albert Peralta, Chief of Inmate Services. (Copies electronically sent / mailed 7/5/ 2012.) Clerk to electronically serve copy of this order and copy of complaint on the NV AGs Office. (Service completed 7/5/12.) AGs Office to advise Court within 21 days whether it can accept service. As to any defendants for which AGs Of fice cannot accept service, Office shall file under seal the last known addresses of those defendants. If service cannot be accepted for any named defendants, plaintiff to file motion. If AG accepts service for any named defendants, answer due with in 60 days. Henceforth, plaintiff to serve defendants copy of every pleading, motion or document submitted for consideration by the court. Plaintiff shall include with original paper submitted for filing a certificate of mailing. Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MATTHEW GREEN,

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Plaintiff,
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vs.
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ROBERT BANNISTER, et al.,
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Defendants.
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____________________________________)

3:12-CV-004-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 (#4). Based on the financial information provided, the

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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 (# 1) is GRANTED; however,

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plaintiff must pay an initial partial filing fee of $5.00 toward the full filing fee of three

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hundred fifty dollars ($350.00). Plaintiff shall have thirty (30) days from the date this

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order is entered in which to have the designated fee sent to the Clerk of the Court.

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Failure to do so may result in dismissal of this action. Furthermore, even if 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
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 #78132), 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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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 Pamela

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Sharp.

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6.

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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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 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

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

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

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Clerk which fails to include a certificate showing proper service.

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IT IS SO ORDERED.

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DATED: July 5, 2012.

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_________________________________________
UNITED STATES MAGISTRATE JUDGE

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