McNair v. Walsh et al

Filing 25

ORDER granting Plaintiff's ECF No. 1 IFP application - NDOC to pay Clerk from inmate account (copy of order sent to Finance and NDOC Chief of Inmate Services); directing Clerk to e-serve NV AG with this order and ECF No. 19 Second Ame nded Complaint (NEFs sent 10/11/2016); directing AG to advise Court within 21 days re acceptance of service. Answer due within 60 days for any defendants represented. Plaintiff shall serve defendants copy of all pleadings and include certificate of service. See order for further details. Signed by Magistrate Judge William G. Cobb on 10/11/2016. (Copies have been distributed pursuant to the NEF - KR)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 12 13 14 CLARENCE MCNAIR, ) ) Plaintiff, ) ) v. ) ) LISA WALSH et al., ) ) Defendants. ) ) ___________________________________ ) 3:15-cv-00017-RCJ-WGC ORDER 15 This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state 16 prisoner. Plaintiff has submitted an application to proceed in forma pauperis. (ECF No. 1). 17 Based on the financial information provided, the Court finds that Plaintiff is unable to prepay 18 the full filing fee in this matter. 19 The Court entered a screening order on July 22, 2016. (ECF No. 20). The screening 20 order imposed a 90-day stay and the Court entered a subsequent order in which the parties 21 were assigned to mediation by a court-appointed mediator. (ECF No. 20, 22). The Office of 22 the Attorney General has filed a status report indicating that settlement has not been reached 23 and informing the Court of its intent to proceed with this action. (ECF No. 24). 24 For the foregoing reasons, IT IS ORDERED that: 25 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is GRANTED. 26 Plaintiff shall not be required to pay an initial installment of the filing fee. In the event that this 27 action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. § 1915(b)(2). 28 /// 1 2. The movant herein is permitted to maintain this action to conclusion without the 2 necessity of prepayment of any additional fees or costs or the giving of security therefor. This 3 order granting leave to proceed in forma pauperis shall not extend to the issuance and/or 4 service of subpoenas at government expense. 5 3. Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections shall 6 pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding 7 month’s deposits to Plaintiff’s account (Clarence McNair, #1059617), in the months that the 8 account exceeds $10.00, until the full $350.00 filing fee has been paid for this action. The 9 Clerk of the Court shall SEND a copy of this order to the Finance Division of the Clerk’s Office. 10 The Clerk of the Court shall also SEND a copy of this order to the attention of the Chief of 11 Inmate Services for the Nevada Department of Corrections, P.O. Box 7011, Carson City, NV 12 89702. 13 4. The Clerk of the Court shall electronically SERVE a copy of this order and a copy 14 of Plaintiff’s second amended complaint (ECF No. 19) on the Office of the Attorney General 15 of the State of Nevada, attention Kat Howe. 16 5. Subject to the findings of the screening order (ECF No. 20), within twenty-one 17 (21) days of the date of entry of this order, the Attorney General’s Office shall file a notice 18 advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts 19 service; (b) the names of the defendants for whom it does not accept service, and (c) the 20 names of the defendants for whom it is filing the last-known-address information under seal. 21 As to any of the named defendants for whom the Attorney General’s Office cannot accept 22 service, the Office shall file, under seal, but shall not serve the inmate Plaintiff the last known 23 address(es) of those defendant(s) for whom it has such information. If the last known address 24 of the defendant(s) is a post office box, the Attorney General's Office shall attempt to obtain 25 and provide the last known physical address(es). 26 6. If service cannot be accepted for any of the named defendant(s), Plaintiff shall 27 file a motion identifying the unserved defendant(s), requesting issuance of a summons, and 28 specifying a full name and address for the defendant(s). For the defendant(s) as to which the 2 1 Attorney General has not provided last-known-address information, Plaintiff shall provide the 2 full name and address for the defendant(s). 3 7. If the Attorney General accepts service of process for any named defendant(s), 4 such defendant(s) shall file and serve an answer or other response to the complaint within 5 sixty (60) days from the date of this order. 6 8. Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has been 7 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document 8 submitted for consideration by the Court. Plaintiff shall include with the original document 9 submitted for filing a certificate stating the date that a true and correct copy of the document 10 was mailed or electronically filed to the defendants or counsel for the defendants. If counsel 11 has entered a notice of appearance, Plaintiff shall direct service to the individual attorney 12 named in the notice of appearance, at the physical or electronic address stated therein. The 13 Court may disregard any document received by a district judge or magistrate judge which has 14 not been filed with the Clerk, and any document received by a district judge, magistrate judge, 15 or the Clerk which fails to include a certificate showing proper service. 16 DATED: October 11, 2016 17 18 19 20 _________________________________ UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 3

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