Johnson v. Cox et al

Filing 12

ORDER Motion/Application for Leave to Proceed in forma pauperis 3 is granted. Monthly payments due until full filing fee paid (copy of order sent via NEF to finance and via mail to NDOC). Clerk shall electronically serve copy of ord er and copy of amended complaint on AG's Office (served via NEF 10/20/14). AG's Office shall file notice re acceptance of service within 21 days (see attached for details). Henceforth, plaintiff shall serve upon defendants copy of all pleadings submitted to the Court. Signed by Magistrate Judge William G. Cobb on 10/20/14. (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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LAUSTEVEION JOHNSON,

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Plaintiff,
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v.
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JAMES GREG COX et al.,
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Defendants.
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___________________________________ )

3:14-cv-213-RCJ-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. 3).

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Based on the financial information provided, the Court finds that Plaintiff is unable to prepay

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the full filing fee in this matter.

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The Court entered a screening order on May 29, 2014. (ECF No. 4). The screening

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order imposed a 90-day stay and the Court entered a subsequent order in which the parties

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were encouraged to engage in informal settlement negotiations. (Id.). On October 13, 2014,

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the Office of the Attorney General filed a status report indicating that settlement has not been

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reached and informing the Court of its intent to proceed with this action. (ECF No. 8). On

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October 14, 2014, Plaintiff filed a First Amended Complaint. (ECF No. 9-1). The Court has

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screened the amended complaint and has issued a separate screening order.

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For the foregoing reasons, IT IS ORDERED that:

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1.

Plaintiff’s application to proceed in forma pauperis (ECF No. 3) is GRANTED.

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

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action is 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 therefor. This

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order granting leave to proceed in forma pauperis shall not extend to the issuance of

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subpoenas at government expense.

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3.

Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections shall

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pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding

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month’s deposits to Plaintiff’s account (Lausteveion Johnson, #82138), 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 action. The

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Clerk of the Court shall SEND a copy of this order to the Finance Division of the Clerk’s Office.

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The Clerk of the Court shall also SEND a copy of this order to the attention of the Chief of

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

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89702.

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4.

The Clerk of the Court shall electronically SERVE a copy of this order and a copy

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of Plaintiff’s amended complaint (ECF No. 9-1) on the Office of the Attorney General of the

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State of Nevada, attention Kat Howe.

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5.

Subject to the findings of the screening order on the amended complaint, within

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twenty-one (21) days of the date of entry of this order, the Attorney General’s Office shall file

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a notice 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, and (c)

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the names of the defendants for whom it is filing last-known-address information under seal.

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As to any of the named defendants for which the Attorney General’s Office cannot accept

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service, the Office shall file, under seal, the last known address(es) of those defendant(s) for

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whom it has such information.

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6.

If service cannot be accepted for any of the named defendant(s), Plaintiff shall

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file a 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 which the

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Attorney General has not provided last-known-address information, Plaintiff shall provide the

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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),

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such 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 document

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submitted for consideration by the Court. Plaintiff shall include with the original paper

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submitted for filing a certificate stating the date that a true and correct copy of the document

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was mailed to the defendants or counsel for the defendants. If counsel has entered a notice

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of appearance, Plaintiff shall direct service to the individual attorney named in the notice of

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appearance, at the address stated therein. The Court may disregard any paper received by

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a district judge or magistrate judge which has not been filed with the Clerk, and any paper

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received by a district judge, magistrate judge, or the Clerk which fails to include a certificate

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showing proper service.

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DATED: This 20th day of October, 2014.

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_________________________________
United States Magistrate Judge

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