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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LANCE REBERGER,
Plaintiff,

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Case No. 3:15-cv-00551-MMD-VPC
ORDER

v.
MICHAEL KOEHN et al.,

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Defendants.

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This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by

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a state prisoner. Plaintiff has submitted an application to proceed in forma pauperis. (ECF

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No. 1). Based on the financial information provided, the Court finds that Plaintiff is unable

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to prepay the full filing fee in this matter.

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The Court entered a screening order on June 15, 2016. (ECF No. 9). The screening

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order imposed a 90-day stay and the Court entered a subsequent order in which the

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parties were assigned to mediation by a court-appointed mediator. (ECF No. 9, 11). The

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Office of the Attorney General has filed a status report indicating that settlement has not

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been reached and informing the Court of its intent to proceed with this action. (ECF No.

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18.)

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For the foregoing reasons, it is ordered that:

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1.

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

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Plaintiff will not be required to pay an initial installment of the filing fee. In the event that

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this action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. §

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1915(b)(2).

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2.

The movant herein is permitted to maintain this action to conclusion without

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the necessity of prepayment of any additional fees or costs or the giving of security

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therefor. This order granting leave to proceed in forma pauperis will not extend to the

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issuance and/or 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

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must pay to the Clerk of the United States District Court, District of Nevada, 20% of the

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preceding month’s deposits to Plaintiff’s account (Lance Reberger, #39494), in the

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months that the account exceeds $10.00, until the full $350.00 filing fee has been paid

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for this action. The Clerk of the Court will send a copy of this order to the Finance Division

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of the Clerk’s Office. The Clerk of the Court will also send a copy of this order to the

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attention of the Chief of Inmate Services for the Nevada Department of Corrections, P.O.

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Box 7011, Carson City, NV 89702.

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4.

The Clerk of the Court will electronically serve a copy of this order and a

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copy of Plaintiff’s second amended complaint (ECF No. 8) on the Office of the Attorney

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General of the State of Nevada, attention Kat Howe.

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5.

Subject to the findings of the screening order (ECF No. 9), within twenty-

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

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

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

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and (c) the names of the defendants for whom it is filing the last-known-address

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information under seal. As to any of the named defendants for whom the Attorney

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General’s Office cannot accept service, the Office must file, under seal, but will not serve

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the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such

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information. If the last known address of the defendant(s) is a post office box, the Attorney

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General's Office will attempt to obtain 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

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must file a motion identifying the unserved defendant(s), requesting issuance of a

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summons, and specifying a full name and address for the defendant(s). For the
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defendant(s) as to which the Attorney General has not provided last-known-address

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information, Plaintiff must provide the full name and address for the defendant(s).

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7.

If the Attorney General accepts service of process for any named

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defendant(s), such defendant(s) must file and serve an answer or other response to the

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second amended complaint within sixty (60) days from the date of this order.

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8.

Henceforth, Plaintiff must serve upon defendant(s) or, if an appearance has

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been entered by counsel, upon their attorney(s), a copy of every pleading, motion or other

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document submitted for consideration by the Court. Plaintiff must include with the original

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document submitted for filing a certificate stating the date that a true and correct copy of

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the document was mailed or electronically filed to the defendants or counsel for the

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defendants. If counsel has entered a notice of appearance, Plaintiff will direct service to

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the individual attorney named in the notice of appearance, at the physical or electronic

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address stated therein. The Court may disregard any document received by a district

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judge or magistrate judge which has not been filed with the Clerk, and any document

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received by a district judge, magistrate judge, or the Clerk which fails to include a

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certificate showing proper service.

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DATED THIS 23rd day of January 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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