Peters v. Raymond et al

Filing 27

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); denying ECF Nos. 17 , 18 , and 23 motions; directing Clerk to e-s erve NV AG with this order and ECF No. 11 Amended Complaint (NEFs sent 11/18/2016). AG to advise Court within 21 days re 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 11/17/2016. (Copies have been distributed pursuant to the NEF - KR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 11 12 13 RICHARD W. PETERS, ) ) Plaintiff, ) ) v. ) ) RAYMOND et al., ) ) Defendants. ) ) ___________________________________ ) 3:15-cv-00493-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 June 28, 2016. (ECF No. 12). The screening 19 order imposed a 90-day stay and the Court entered a subsequent order in which the parties 20 were assigned to mediation by a court-appointed mediator. (ECF No. 12, 14). The Office of 21 the Attorney General has filed a status report indicating that settlement has not been reached 22 and informing the Court of its intent to proceed with this action. (ECF No. 26). 23 During the 90-day stay, Plaintiff filed a motion to submit evidence, a motion for 24 appointment of counsel, and a motion to extend prison copy work limit. (ECF No. 17, 18, 23). 25 The Court specifically ordered that during the stay “no other pleadings or papers shall be filed 26 in this case, and the parties shall not engage in any discovery.” (ECF No. 12 at 9). The Court 27 now denies these motions without prejudice because Plaintiff filed in them in violation of the 28 stay. 1 For the foregoing reasons, IT IS ORDERED that: 2 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is GRANTED. 3 Plaintiff shall not be required to pay an initial installment of the filing fee. In the event that this 4 action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. § 1915(b)(2). 5 2. The movant herein is permitted to maintain this action to conclusion without the 6 necessity of prepayment of any additional fees or costs or the giving of security therefor. This 7 order granting leave to proceed in forma pauperis shall not extend to the issuance and/or 8 service of subpoenas at government expense. 9 3. Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections shall 10 pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding 11 month’s deposits to Plaintiff’s account (Richard W. Peters, #92314), in the months that the 12 account exceeds $10.00, until the full $350.00 filing fee has been paid for this action. The 13 Clerk of the Court shall SEND a copy of this order to the Finance Division of the Clerk’s Office. 14 The Clerk of the Court shall also SEND a copy of this order to the attention of the Chief of 15 Inmate Services for the Nevada Department of Corrections, P.O. Box 7011, Carson City, NV 16 89702. 17 4. The Clerk of the Court shall electronically SERVE a copy of this order and a copy 18 of Plaintiff’s amended complaint (ECF No. 11) on the Office of the Attorney General of the 19 State of Nevada, attention Kat Howe. 20 5. Subject to the findings of the screening order (ECF No. 12), within twenty-one 21 (21) days of the date of entry of this order, the Attorney General’s Office shall file a notice 22 advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts 23 service; (b) the names of the defendants for whom it does not accept service, and (c) the 24 names of the defendants for whom it is filing the last-known-address information under seal. 25 As to any of the named defendants for whom the Attorney General’s Office cannot accept 26 service, the Office shall file, under seal, but shall not serve the inmate Plaintiff the last known 27 address(es) of those defendant(s) for whom it has such information. If the last known address 28 of the defendant(s) is a post office box, the Attorney General's Office shall attempt to obtain 2 1 2 and provide the last known physical address(es). 6. If service cannot be accepted for any of the named defendant(s), Plaintiff shall 3 file a motion identifying the unserved defendant(s), requesting issuance of a summons, and 4 specifying a full name and address for the defendant(s). For the defendant(s) as to which the 5 Attorney General has not provided last-known-address information, Plaintiff shall provide the 6 full name and address for the defendant(s). 7 7. If the Attorney General accepts service of process for any named defendant(s), 8 such defendant(s) shall file and serve an answer or other response to the complaint within 9 sixty (60) days from the date of this order. 10 8. Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has been 11 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document 12 submitted for consideration by the Court. Plaintiff shall include with the original document 13 submitted for filing a certificate stating the date that a true and correct copy of the document 14 was mailed or electronically filed to the defendants or counsel for the defendants. If counsel 15 has entered a notice of appearance, Plaintiff shall direct service to the individual attorney 16 named in the notice of appearance, at the physical or electronic address stated therein. The 17 Court may disregard any document received by a district judge or magistrate judge which has 18 not been filed with the Clerk, and any document received by a district judge, magistrate judge, 19 or the Clerk which fails to include a certificate showing proper service. 20 21 22 9. Plaintiff’s motion to submit evidence, motion for appointment of counsel, and motion to extend prison copy work limit (ECF No. 17, 18, 23) are denied without prejudice. DATED: November 17, 2016. 23 24 25 26 _________________________________ UNITED STATES MAGISTRATE JUDGE 27 28 3

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