Williams v. Foster et al

Filing 13

ORDER granting Plaintiff's 1 application to proceed IFP; however, plaintiff must pay an initial partial filing fee within 30 days. The Clerk shall send plaintiff two copies of this order, one to be attached to the filing fee payment ch eck. The NV Department of Corrections shall pay to the USDC NV Clerk 20 percent of the preceding month's deposits to plaintiff's account in the months that the account exceeds $10 until the full $350 filing fee has been paid. The Clerk shall SEND a copy of this order to the Finance Division of the Clerks Office (NEF sent 9/25/2013) and the Chief of Inmate Services for the NV Department of Corrections (mailed 9/25/2013). The Clerk shall serve this order and the 10 amended complaint on NV AG's Office, Attn: Kat Howe (served 9/25/2013). AG to advise court within 21 days regarding service (see order for instructions on service). Answer due within 60 days for any defendants represented. Plaintiff shall serve defendants copy of all pleadings and include certificate of service. See order for further details. Signed by Magistrate Judge William G. Cobb on 09/24/2013. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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TONY WILLIAMS,

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Plaintiff,
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vs.
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S.L. FOSTER, et al.,
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Defendants.
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____________________________________)

3:12-CV-0660-MMD-WGC
ORDER

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

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amended civil rights complaint pursuant to 42 U.S.C. § 1983 (#10). 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 (# 1) is GRANTED; however,

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plaintiff must pay an initial partial filing fee of $30.00 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 #64094), 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 Kat

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Howe.

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6.

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

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of this order file a notice advising the court and plaintiff of: (a) the names of the

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defendants for whom it accepts service; (b) the names of the defendants for whom it does

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not accept service, and (c) the names of the defendants for whom it is filing

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last-known-address information under seal. As to any of the named defendants for whom

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

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

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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 for the defendant(s). For the defendant(s) as to which the

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Attorney General has not provided last-known-address information, plaintiff shall

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provide the full name and address for the 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: September 24, 2013.

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_________________________________________
UNITED STATES MAGISTRATE JUDGE

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