Maestas v. State of Nevada ex rel et al
Filing
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ORDER - # 1 IFP Application is GRANTED. NDOC shall pay Clerk from inmate account. Clerk shall send copy this order to Finance and to NDOC Inmate Services. (E-service to Finance; Copy to NDOC 8/26/2014. ) Clerk shall E-serve AG copy of this Order, # 8 Order, and # 5 Amended complaint. ( E-service to AG 8/26/2014; ## 8 , 5 via NEF regeneration. ) AG shall advise by 9/16/2014 re acceptance of service; and file under seal Ds address for which service not accepted. If service not accepted then P shall file motion re unserved Ds. If service accepted than Answer due 10/25/2014. Henceforth P shall serve Ds every pleading submitted for consideration, together with a certificate of service. Signed by Magistrate Judge William G. Cobb on 8/26/2014. (Copies have been distributed pursuant to the NEF - DRM) Modified on 8/26/2014 for spelling (DRM).
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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NICHOLAS V. MAESTAS,
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Plaintiff,
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vs.
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Case No. 3:13-cv-00301-RCJ-WGC
STATE OF NEVADA, et al.,
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ORDER
Defendants.
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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 (#5) and an application to proceed in
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forma pauperis (#1). The court finds that plaintiff is unable to prepay the full filing fee in this
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matter, but plaintiff will need to pay the filing fee through monthly installments.
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IT IS THEREFORE ORDERED that:
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1.
Plaintiff’s application to proceed in forma pauperis (#1) is GRANTED. Plaintiff
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shall not be required to pay an initial installment of the filing fee. If this action is
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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
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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
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 (inmate #75777), in the months that
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the account exceeds $10.00, until the full $350.00 filing fee has been paid for this
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action. The clerk of the court shall send a copy of this order to the finance division
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of the clerk’s office. The clerk shall also send a copy of this order to the attention of
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the Chief of Inmate Services for the Nevada Department of Corrections, P.O. Box
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7011, Carson City, NV 89702.
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4.
The clerk shall electronically serve a copy of this order, a copy of the court’s
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screening order (#8) and a copy of plaintiff’s amended complaint (#5) on the Office
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of the Attorney General of the State of Nevada, attention Kat Howe.
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5.
Subject to the findings of the screening order (#8), within twenty-one (21) days of
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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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6.
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.
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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8.
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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IT IS SO ORDERED.
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DATED: August 26, 2014.
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_________________________________
WILLIAM G. COBB
United States Magistrate Judge
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