McDonald v. Olivas et al

Filing 28

ORDER granting Plaintiff's 1 IFP application. Payment of an initial installment of he filing fee not required. NDOC shall pay Clerk from inmate account. The Clerk shall send a copy of this order to the Finance Division of the Clerks Office (NEF sent 2/27/2014) and the NDOC Chief of Inmate Services (mailed 2/27/2014). The Clerk shall serve this order and 4 complaint on NV AG's Office, Attn: Kat Howe (NEFs sent 2/27/2014). AG to advise court within 21 days regarding servic e (by 3/20/2014). 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 02/27/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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REGINALD McDONALD,

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Plaintiff,

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vs.

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OLIVAS, et al.,

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Defendants.

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Case No. 3:13-cv-00240-MMD-WGC
ORDER

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

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

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on the financial information provided, the Court finds that plaintiff is unable to prepay the full filing

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fee in this matter.

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The Court entered a screening order on October 22, 2013. (ECF No. 5). The screening order

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imposed a 90-day stay to allow the parties to engage in settlement discussions. (Id.). At the end of

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the 90-day stay, counsel for defendants were directed to file a status report. (Id.). A mediation

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conference was held on February 25, 2014, and the minutes indicate that settlement was not reached.

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(ECF No. 26). The Office of the Attorney General has filed a status report indicating that settlement

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was not reached and informing the Court of its intent to proceed with this action. (ECF No. 27).

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IT IS THEREFORE ORDERED that:

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1.

Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is GRANTED.

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

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event that this action is dismissed, the full filing fee must still be paid pursuant to

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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

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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

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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 (Reginald McDonald, #87239), in

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

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

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

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

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

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4.

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

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

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attention Kat Howe.

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5.

Subject to the findings of the screening order (ECF No. 5), within twenty-one (21)

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days of the date of entry of this order, the Attorney General’s Office shall file a notice

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

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

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

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information under seal. 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) 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

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

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

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

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7.

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

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

sixty (60) days from the date of this order.
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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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27th
Dated this ______ day of February, 2014.

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UNITED STATES MAGISTRATE JUDGE
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