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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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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GARY JEROME HARPER,
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Plaintiff,

3:13-cv-00561-MMD-WGC

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vs.
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ORDER
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LISA WALSH, et al.
Defendants.

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The Court having been advised that the case has not been resolved during the stay, this prisoner

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civil rights action shall proceed forward.

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IT THEREFORE IS ORDERED:

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1.

That, on petitioner’s application (#1) to proceed in forma pauperis, petitioner shall file

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within twenty-one (21) days of entry of this order an executed CJA 23 financial affidavit.1 The action

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will be dismissed without further advance notice if plaintiff does not timely do so.

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2.

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

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

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of: (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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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).

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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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3.

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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4.

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 entry of this order.

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5.

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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The Clerk shall SEND plaintiff two copies of a CJA 23 financial affidavit form.

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DATED: August 25, 2014.

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_________________________________
WILLIAM G. COBB
United States Magistrate Judge

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