Harper v. Walsh et al

Filing 10

ORDER - P shall file CJA 23 financial affidavit by9/15/2014. Previous stay lifted and AG shall advise re acceptance of service by 9/15/201; and addresses under seal for Ds for which service not accepted. P shall file a motion re any uns erved Ds. If service accepted then Answer due by 10/24/2014. Henceforth P shall serve Ds' counsel a copy of every document submitted for consideration together with a certificate of service. Signed by Magistrate Judge William G. Cobb on 8/25/2014. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 GARY JEROME HARPER, 9 Plaintiff, 3:13-cv-00561-MMD-WGC 10 vs. 11 ORDER 12 13 LISA WALSH, et al. Defendants. 14 15 The Court having been advised that the case has not been resolved during the stay, this prisoner 16 civil rights action shall proceed forward. 17 IT THEREFORE IS ORDERED: 18 1. That, on petitioner’s application (#1) to proceed in forma pauperis, petitioner shall file 19 within twenty-one (21) days of entry of this order an executed CJA 23 financial affidavit.1 The action 20 will be dismissed without further advance notice if plaintiff does not timely do so. 21 2. That the stay previously entered herein is lifted and that, within twenty-one (21) days 22 of entry of this order, the Attorney General's Office shall file a notice advising the Court and plaintiff 23 of: (a) the names of the defendant(s) for whom it accepts service; (b) the names of the defendant(s) for 24 whom it does not accept service, and (c) the names of the defendant(s) for whom it is filing last-known- 25 address information under seal. As to any of the named defendant(s) for whom the Attorney General's 26 27 28 1 See, e.g., Putzer v. Attal, No. 2:13-cv-00165-APG-CWH, #10 (D. Nev. Aug. 23, 2013)(the Prison Litigation Reform Act fee-payment provisions continue to apply following a former inmate’s release from physical custody); #4, at 15 n.14 (referencing issue). 1 Office cannot accept service, the Office shall file, under seal, the last known address(es) of those 2 defendant(s) for whom it has such information. 3 3. If service cannot be accepted for any of the named defendant(s), plaintiff shall file a 4 motion identifying the unserved defendant(s), requesting issuance of a summons, and specifying a full 5 name for the defendant(s). For the defendant(s) as to which the Attorney General has not provided 6 last-known-address information, plaintiff shall provide the full name and address for the defendant(s). 7 4. If the Attorney General accepts service of process for any named defendant(s), such 8 defendant(s) shall file and serve an answer or other response to the remaining claims within sixty (60) 9 days from entry of this order. 10 5. That, henceforth, plaintiff shall serve upon defendants’ counsel a copy of every pleading, 11 motion or other document submitted for consideration by the Court and shall attach a certificate of such 12 service with the paper submitted. Plaintiff shall direct service to the individual attorney named in the 13 notice of appearance, at the address stated therein. The Court may disregard any paper received by a 14 judge that has not been filed with the Clerk and any paper which fails to include a certificate showing 15 proper service. 16 The Clerk shall SEND plaintiff two copies of a CJA 23 financial affidavit form. 17 DATED: August 25, 2014. 18 19 20 21 _________________________________ WILLIAM G. COBB United States Magistrate Judge 22 23 24 25 26 27 28 -2-

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