Carlsson v. Cragg et al

Filing 10

ORDER adopting and accepting 6 REPORT AND RECOMMENDATION and granting 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis. Monthly payments due until full filing fee paid. Clerk shall detach and file complaint. Count I shall proceed; counts II and III are dismissed. Signed by Judge Miranda M. Du on 12/2/14. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JERAMIE CARLSSON,

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Case No. 3:14-cv-0091-MMD-VPC
Plaintiff,

v.

ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION OF
MAGISTRATE JUDGE
VALERIE P. COOKE

BYRON CRAGG, et al,

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Defendants.

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Before the Court is the Report and Recommendation of United States Magistrate

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Judge Valerie P. Cooke (dkt. no. 16) (“R&R”) regarding Plaintiff Jeramie Carlsson’s

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application to proceed in forma pauperis (dkt. no. 1) and pro se civil rights complaint (dkt.

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no. 1-1). Plaintiff filed an objection to the R&R (“Objection”) (dkt. no. 8).

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This Court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party

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timely objects to a magistrate judge’s report and recommendation, then the court is

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required to “make a de novo determination of those portions of the [report and

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recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1).

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The Court has engaged in a de novo review to determine whether to adopt

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Magistrate Judge Cooke’s R&R. The Court agrees with the Magistrate Judge’s

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determination that Counts I and II should be dismissed with prejudice.

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It

is

therefore

ordered,

adjudged

and

decreed

that

the

Report

and

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Recommendation of Magistrate Judge Valerie P. Cooke (dkt. no. 6) be accepted and

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adopted in its entirety.

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It is ordered that plaintiff’s application to proceed in forma pauperis (dkt. no. 1)

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without having to prepay the full filing fee is granted; plaintiff shall not be required to pay

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an initial installment fee. Nevertheless, the full filing fee shall still be due, pursuant to 28

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U.S.C. ' 1915, as amended by the Prisoner Litigation Reform Act of 1996. Plaintiff is

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permitted to maintain this action to conclusion without the necessity of prepayment of

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fees or costs or the giving of security therefor. This order granting in forma pauperis

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dstus shall not extend to the issuance of subpoenas at government expense.

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It is further ordered that, pursuant to 28 U.S.C. ' 1915, as amended by the

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Prisoner Litigation Reform Act of 1996, 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 preceding

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month’s deposits to the account of Jeramie Carlsson, Inmate No. 87009 (in months that

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the account exceeds $10.00) until the full $350 filing fee has been paid for this action.

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The Clerk shall send a copy of this order to the attention of the Chief of Inmate Services

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

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It is further ordered that, even if this action is dismissed, or is otherwise

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unsuccessful, the full filing fee shall still be due, pursuant to 28 U.S.C. ' 1915, as

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amended by the Prisoner Litigation Reform Act of 1996.

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It is further ordered that the Clerk shall detach and file the complaint (dkt. no. 1-1).

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It is further ordered that count 1 of the complaint shall proceed.

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It is further ordered that counts II and III are dismissed with prejudice and without

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leave to amend.
DATED THIS 2nd day of December 2014.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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