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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 11 12 13 DAVEYON CAMPBELL, ) ) Plaintiff, ) ) v. ) ) JAMES G. COX, et al., ) ) Defendants. ) ) ___________________________________ ) 3:15-cv-00194-RCJ-WGC ORDER 14 This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state 15 prisoner. Plaintiff has submitted an application to proceed in forma pauperis. (ECF No. 1). 16 Based on the financial information provided, the Court finds that Plaintiff is unable to prepay 17 the full filing fee in this matter. 18 The Court entered a screening order on November 13, 2015. (ECF No. 3). Pursuant 19 to the screening order, Plaintiff was given thirty days in which to file an amended complaint. 20 (Id. at 10). Plaintiff did not amend his complaint and the Court imposed a 90-day stay to allow 21 Plaintiff and defendants an opportunity to settle their dispute before the $350.00 filing fee was 22 paid. (ECF No. 5). The Court also entered a subsequent order in which the parties were 23 assigned to mediation by a court-appointed mediator. (ECF No. 7). The Office of the Attorney 24 General has filed a status report indicating that settlement has not been reached and informing 25 the Court of its intent to proceed with this action. (ECF No. 9). 26 For the foregoing reasons, IT IS ORDERED that: 27 1. 28 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 1 2 action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. § 1915(b)(2). 2. The movant herein is permitted to maintain this action to conclusion without the 3 necessity of prepayment of any additional fees or costs or the giving of security therefor. This 4 order granting leave to proceed in forma pauperis shall not extend to the issuance and/or 5 service of subpoenas at government expense. 6 3. Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections shall 7 pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding 8 month’s deposits to Plaintiff’s account (Daveyon Campbell, #1058487), in the months that 9 the account exceeds $10.00, until the full $350.00 filing fee has been paid for this action. The 10 Clerk of the Court shall SEND a copy of this order to the Finance Division of the Clerk’s Office. 11 The Clerk of the Court shall also SEND a copy of this order to the attention of the Chief of 12 Inmate Services for the Nevada Department of Corrections, P.O. Box 7011, Carson City, NV 13 89702. 14 4. The Clerk of the Court shall electronically SERVE a copy of this order and a copy 15 of Plaintiff’s complaint (ECF No. 4) on the Office of the Attorney General of the State of 16 Nevada, attention Kat Howe. 17 5. Subject to the findings of the screening order (ECF No. 3), within twenty-one 18 (21) days of the date of entry of this order, the Attorney General’s Office shall file a notice 19 advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts 20 service; (b) the names of the defendants for whom it does not accept service, and (c) the 21 names of the defendants for whom it is filing last-known-address information under seal. As 22 to any of the named defendants for which the Attorney General’s Office cannot accept service, 23 the Office shall file, under seal, but shall not serve the inmate Plaintiff the last known 24 address(es) of those defendant(s) for whom it has such information. If the last known address 25 of the defendant(s) is a post office box, the Attorney General’s Office shall attempt to obtain 26 and provide the last known physical address(es). 27 28 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 2 1 specifying a full name and address for the defendant(s). For the defendant(s) as to which the 2 Attorney General has not provided last-known-address information, Plaintiff shall provide the 3 full name and address for the defendant(s). 4 7. If the Attorney General accepts service of process for any named defendant(s), 5 such defendant(s) shall file and serve an answer or other response to the complaint within 6 sixty (60) days from the date of this order. 7 8. Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has been 8 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document 9 submitted for consideration by the Court. Plaintiff shall include with the original paper 10 submitted for filing a certificate stating the date that a true and correct copy of the document 11 was mailed to the defendants or counsel for the defendants. If counsel has entered a notice 12 of appearance, Plaintiff shall direct service to the individual attorney named in the notice of 13 appearance, at the address stated therein. The Court may disregard any paper received by 14 a district judge or magistrate judge which has not been filed with the Clerk, and any paper 15 received by a district judge, magistrate judge, or the Clerk which fails to include a certificate 16 showing proper service. 17 18 DATED: This 31st day of March, 2016. 19 20 _________________________________ United States Magistrate Judge 21 22 23 24 25 26 27 28 3

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