Reberger v. Koehn et al

Filing 63

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 the ECF No. 8 Second Amended Complaint (Second Amended complaint to AG via NEF regeneration 01/23/2017); directing AG to advise Court by 02/13/2017 re acceptance of service; if service cannot be accepted, Plaintiff shall file a motion identifying the unserved def endants(s), requesting issuance of a summons and specifying full name/address of the defendant(s); answer/response due by 03/24/2017 for any defendants represented; Plaintiff shall serve defendants a copy of all pleadings and include certificate of service. See order for further details. Signed by Judge Miranda M. Du on 01/23/2017. (Copies have been distributed pursuant to the NEF - KW)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 *** 8 9 LANCE REBERGER, Plaintiff, 10 11 Case No. 3:15-cv-00551-MMD-VPC ORDER v. MICHAEL KOEHN et al., 12 Defendants. 13 14 This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by 15 a state prisoner. Plaintiff has submitted an application to proceed in forma pauperis. (ECF 16 No. 1). Based on the financial information provided, the Court finds that Plaintiff is unable 17 to prepay the full filing fee in this matter. 18 The Court entered a screening order on June 15, 2016. (ECF No. 9). The screening 19 order imposed a 90-day stay and the Court entered a subsequent order in which the 20 parties were assigned to mediation by a court-appointed mediator. (ECF No. 9, 11). The 21 Office of the Attorney General has filed a status report indicating that settlement has not 22 been reached and informing the Court of its intent to proceed with this action. (ECF No. 23 18.) 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 will not be required to pay an initial installment of the filing fee. In the event that 27 this action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. § 28 1915(b)(2). 1 2. The movant herein is permitted to maintain this action to conclusion without 2 the necessity of prepayment of any additional fees or costs or the giving of security 3 therefor. This order granting leave to proceed in forma pauperis will not extend to the 4 issuance and/or service of subpoenas at government expense. 5 3. Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections 6 must pay to the Clerk of the United States District Court, District of Nevada, 20% of the 7 preceding month’s deposits to Plaintiff’s account (Lance Reberger, #39494), in the 8 months that the account exceeds $10.00, until the full $350.00 filing fee has been paid 9 for this action. The Clerk of the Court will send a copy of this order to the Finance Division 10 of the Clerk’s Office. The Clerk of the Court will also send a copy of this order to the 11 attention of the Chief of Inmate Services for the Nevada Department of Corrections, P.O. 12 Box 7011, Carson City, NV 89702. 13 4. The Clerk of the Court will electronically serve a copy of this order and a 14 copy of Plaintiff’s second amended complaint (ECF No. 8) on the Office of the Attorney 15 General of the State of Nevada, attention Kat Howe. 16 5. Subject to the findings of the screening order (ECF No. 9), within twenty- 17 one (21) days of the date of entry of this order, the Attorney General’s Office must file a 18 notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it 19 accepts service; (b) the names of the defendants for whom it does not accept service, 20 and (c) the names of the defendants for whom it is filing the last-known-address 21 information under seal. As to any of the named defendants for whom the Attorney 22 General’s Office cannot accept service, the Office must file, under seal, but will not serve 23 the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such 24 information. If the last known address of the defendant(s) is a post office box, the Attorney 25 General's Office will attempt to obtain and provide the last known physical address(es). 26 6. If service cannot be accepted for any of the named defendant(s), Plaintiff 27 must file a motion identifying the unserved defendant(s), requesting issuance of a 28 summons, and specifying a full name and address for the defendant(s). For the 2 1 defendant(s) as to which the Attorney General has not provided last-known-address 2 information, Plaintiff must provide the full name and address for the defendant(s). 3 7. If the Attorney General accepts service of process for any named 4 defendant(s), such defendant(s) must file and serve an answer or other response to the 5 second amended complaint within sixty (60) days from the date of this order. 6 8. Henceforth, Plaintiff must serve upon defendant(s) or, if an appearance has 7 been entered by counsel, upon their attorney(s), a copy of every pleading, motion or other 8 document submitted for consideration by the Court. Plaintiff must include with the original 9 document submitted for filing a certificate stating the date that a true and correct copy of 10 the document was mailed or electronically filed to the defendants or counsel for the 11 defendants. If counsel has entered a notice of appearance, Plaintiff will direct service to 12 the individual attorney named in the notice of appearance, at the physical or electronic 13 address stated therein. The Court may disregard any document received by a district 14 judge or magistrate judge which has not been filed with the Clerk, and any document 15 received by a district judge, magistrate judge, or the Clerk which fails to include a 16 certificate showing proper service. 17 DATED THIS 23rd day of January 2017. 18 19 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?