Mauwee, Sr. v. Cox et al

Filing 11

ORDER granting 2 Motion/Application for Leave to Proceed in forma pauperis. Initial partial filing fee of $23.11 due in 30 days. Clerk shall send plaintiff two copies of this order (sent 10/15/13). Plaintiff to make arrange ments to have one copy attached to designated fee. Monthly payments due until filing fee paid in full. Clerk shall send copy of order to Finance Division (sent via NEF 10/15/13). Clerk shall send copy of order to Cheif of Inmate Services (sent via USPS 10/15/13). Clerk shall electronically serve copy of order and complaint 4 on AG's Office attn Kat Howe (served via NEF 10/15/13). Within 21 days, AG's Office to advise Court re acceptance of service. Answer due within 60 days for any defendants represented. Plaintiff shall serve defendants copy of all pleadings. Signed by Magistrate Judge William G. Cobb on 10/15/13. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
10
EUGENE A. MAUWEE, SR.,
11
Plaintiff,
12
vs.
13
GREG COX, et al.,
14
Defendants.
15
16

)
)
)
)
)
)
)
)
)
/

3:12-cv-00580-RCJ-WGC
ORDER

This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state

17

prisoner. Plaintiff has submitted an application to proceed in forma pauperis. (ECF No. 1). Based

18

on the financial information provided, the Court will grant plaintiff leave to proceed in forma

19

pauperis, but will require plaintiff to pay an initial installment of the filing fee pursuant to 28 U.S.C.

20

§1915. The grant of in forma pauperis status adjusts the amount of the filing fee that plaintiff must

21

prepay – plaintiff will be required to prepay an initial installment of $23.11, instead of having to

22

prepay the full $350.00 filing fee for this action. The entire $350.00 filing fee will, however, remain

23

due from plaintiff, and the institution where plaintiff is incarcerated will collect money toward the

24

payment of the full filing fee when petitioner’s institutional account has a sufficient balance,

25

pursuant to 28 U.S.C. §1915. The entire $350.00 filing fee will remain due and payable, and will be

26

collected from plaintiff’s institutional account regardless of the outcome of this action.

1

On July 12, 2013, the Court entered a screening order. (ECF No. 3). The screening order

2

imposed a 90-day stay and the Court entered a subsequent order scheduling a mediation conference.

3

(ECF Nos. 3 & 8). The mediation conference took place on October 1, 2013, and the minutes of the

4

mediation conference indicate that settlement was not reached. (ECF No. 9). The Office of the

5

Attorney General has filed a status report indicating that settlement was not reached and informing

6

the Court of its intent to proceed with this action. (ECF No. 10).

7

IT IS THEREFORE ORDERED that:

8

1.

9

Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is GRANTED,
however, plaintiff must pay an initial partial filing fee of $23.11 toward the full filing

10

fee of $350.00. Plaintiff shall have thirty (30) days from the date this order is

11

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

12

do so may result in dismissal of this action. In the event that this action is dismissed,

13

the full filing fee must still be paid pursuant to 28 U.S.C. § 1915(b)(2).

14

2.

The movant herein is permitted to maintain this action to conclusion without the

15

necessity of prepayment of any additional fees or costs or the giving of security

16

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

17

the issuance of subpoenas at government expense.

18

3.

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

19

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

20

check in the amount of the designated fee, by sending a copy of the order with the

21

“brass slip” for the amount of the fee to Inmate Services for the Nevada Department

22

of Corrections.

23

4.

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

24

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

25

preceding month’s deposits to plaintiff’s account (Eugene A. Mauwee, Sr., #30400),

26

in the months that the account exceeds $10.00, until the full $350.00 filing fee has

2

1

been paid for this action. The Clerk of the Court shall SEND a copy of this order to

2

the Finance Division of the Clerk’s Office. The Clerk shall also SEND a copy of this

3

order to the attention of the Chief of Inmate Services for the Nevada Department of

4

Corrections, P.O. Box 7011, Carson City, NV 89702.

5

5.

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

6

complaint (ECF No. 4) on the Office of the Attorney General of the State of Nevada,

7

attention Kat Howe.

8

6.

9

Subject to the findings of the screening order (ECF No. 3), within twenty-one (21)
days of the date of entry of this order, the Attorney General’s Office shall file a notice

10

advising the Court and plaintiff of: (a) the names of the defendants for whom it

11

accepts service; (b) the names of the defendants for whom it does not accept service,

12

and (c) the names of the defendants for whom it is filing last-known-address

13

information under seal. As to any of the named defendants for which the Attorney

14

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

15

known address(es) of those defendant(s) for whom it has such information.

16

7.

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

17

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

18

specifying a full name and address for the defendant(s). For the defendant(s) as to

19

which the Attorney General has not provided last-known-address information,

20

plaintiff shall provide the full name and address for the defendant(s).

21

8.

If the Attorney General accepts service of process for any named defendant(s), such

22

defendant(s) shall file and serve an answer or other response to the complaint within

23

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

24

9.

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

25

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

26

document submitted for consideration by the Court. Plaintiff shall include with the

3

1

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

2

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

3

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

4

individual attorney named in the notice of appearance, at the address stated therein.

5

The Court may disregard any paper received by a district judge or magistrate judge

6

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

7

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

8

service.

9

Dated this 15th day of October, 2013.

10
11
UNITED STATES MAGISTRATE JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

4