Ledesma v. State of Nevada et al

Filing 20

ORDER granting the 5 IFP application. Payment of an initial partial filing fee not required, but the full $350 filing fee must still be paid. NDOC shall pay Clerk from inmate account. The Clerk shall send a copy of this order to the Clerk's Office Finance Division and NDOC Chief of Inmate Services (NEF/mailed 5/20/2014). The stay previously entered herein is lifted. AG to advise court within 21 days re service (by 6/10/2014). Answer due within 60 days for any defendants represented (by 7/19/2014). 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 5/20/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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LUIS LEDESMA,
#1039678,

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3:13-cv-00102-MMD-WGC
Plaintiff,

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vs.
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ORDER
STATE OF NEVADA, et al.
Defendants.

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The Court having been advised that the case has not been resolved during the stay, this prisoner
civil rights action shall proceed forward.

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IT THEREFORE IS ORDERED THAT:

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1.

Upon the Court’s finding that plaintiff is unable to pay a substantial initial partial filing

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fee, the application (#5) to proceed in forma pauperis is GRANTED, subject to the remaining

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provisions herein. Plaintiff shall not be required to pay an initial partial filing fee. However, even if

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this action is dismissed, plaintiff still must pay a full $350.00 filing fee pursuant to 28 U.S.C. §

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1915(b)(2).

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2.

Plaintiff is permitted to maintain this action to a conclusion without the necessity of

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prepayment of any additional fees or costs or the giving of security therefor. This order granting in

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forma pauperis status shall not extend to 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

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the Clerk of the United States District Court, District of Nevada, 20% of the preceding month's deposits

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to plaintiff’s account (in the months that the account exceeds $10.00) until the full $350.00 filing fee

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

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

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Services for the Nevada Department of Corrections, P.O. Box 7011, Carson City, NV 89702.

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4.

The stay previously entered herein is lifted and that, within twenty-one (21) days of

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entry of this order, the Attorney General's Office shall file a notice advising the Court and plaintiff of:

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(a) the names of the defendant(s) for whom it accepts service; (b) the names of the defendant(s) for

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whom it does not accept service, and (c) the names of the defendant(s) for whom it is filing last-known-

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address information under seal. As to any of the named defendant(s) for whom the Attorney General's

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

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defendant(s) for whom it has such information.
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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 specifying a full

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name for the defendant(s). For the defendant(s) as to which the Attorney General has not provided

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last-known-address information, plaintiff shall provide the full name and address for the defendant(s).

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6.

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 remaining claims within sixty (60)

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days from the date of this order.

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7.

That, henceforth, plaintiff shall serve upon defendants’ counsel a copy of every pleading,

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motion or other document submitted for consideration by the Court and shall attach a certificate of such

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service with the paper submitted. Plaintiff shall direct service to the individual attorney named in the

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notice of appearance, at the address stated therein. The Court may disregard any paper received by a

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judge that has not been filed with the Clerk and any paper which fails to include a certificate showing

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proper service.

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DATED: May 20, 2014.

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_________________________________
WILLIAM G. COBB
United States Magistrate Judge
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