Campbell v. State of Nevada et al

Filing 10

ORDER # 1 IFP application is GRANTED; the full filing fee must still be paid. NDOC shall pay Clerk from inmate account. Clerk shall SEND copy to Finance and NDOC inmate services. (Email to Finance; copy mailed to NDOC 3/31/2016.) Clerk shall e-SE RVE copy this order and # 4 Complaint on AG. ( E-service 3/31/2016; Compliant via NEF regeneration.) AG shall notice re acceptance of service by 4/21/2016, and file under seal Ds' addresses for which service not accepted. If service not accep ted P shall file a motion. If service accepted, then answer due 5/30/2016. Henceforth P shall serve Ds a copy of every pleading submitted for consideration together with a certificate of service. Signed by Magistrate Judge William G. Cobb on 3/31/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DAVEYON CAMPBELL,

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

3:15-cv-00194-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. 1).

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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 November 13, 2015. (ECF No. 3). Pursuant

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to the screening order, Plaintiff was given thirty days in which to file an amended complaint.

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(Id. at 10). Plaintiff did not amend his complaint and the Court imposed a 90-day stay to allow

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Plaintiff and defendants an opportunity to settle their dispute before the $350.00 filing fee was

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paid. (ECF No. 5). The Court also entered a subsequent order in which the parties were

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assigned to mediation by a court-appointed mediator. (ECF No. 7). The Office of the Attorney

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General has filed a status report indicating that settlement has not been reached and informing

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the Court of its intent to proceed with this action. (ECF No. 9).

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For the foregoing reasons, IT IS ORDERED that:

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1.

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Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is GRANTED.

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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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 and/or

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service of 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 (Daveyon Campbell, #1058487), 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 complaint (ECF No. 4) on the Office of the Attorney General of the State of

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Nevada, attention Kat Howe.

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5.

Subject to the findings of the screening order (ECF No. 3), within twenty-one

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(21) days of the date of entry of this order, the Attorney General’s Office shall file a notice

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advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts

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service; (b) the names of the defendants for whom it does not accept service, and (c) the

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

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

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the Office shall file, under seal, but shall not serve the inmate Plaintiff the last known

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address(es) of those defendant(s) for whom it has such information. If the last known address

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of the defendant(s) is a post office box, the Attorney General’s Office shall attempt to obtain

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and provide the last known physical address(es).

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6.

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

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 31st day of March, 2016.

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_________________________________
United States Magistrate Judge

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