Prentice v. Stogner et al

Filing 18

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 as procedurally premature ECF No. 15 Motion for Production of Video Evidence; directing Clerk to e-serve NV AG with this order (NEF sent 10/21/2016); directing Plaintiff to file notice by 11/18/2016 re complaint or amended complaint. See order for further details. Signed by Magistrate Judge William G. Cobb on 10/21/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANTHONY PRENTICE,

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Plaintiff,
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v.
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CHAPLAIN STOGNER et al.,
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Defendants.
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___________________________________ )

3:16-cv-00060-MMD-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 July 18, 2016. (ECF No. 4). The screening

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

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were assigned to mediation by a court-appointed mediator. (ECF No. 4, 8). The Office of the

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

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informing the Court of its intent to proceed with this action. (ECF No. 17).

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The Court notes that it specifically denied Plaintiff’s motion to file an amended

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complaint prior to October 24, 2016. (ECF No. 12 at 1). Plaintiff filed an amended complaint

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and three other motions on October 20, 2016. (ECF No. 13, 14, 15, 16). If Plaintiff would like

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his case to proceed now, he may file a notice to withdraw his amended complaint and proceed

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on his original complaint. If Plaintiff would like to proceed on his amended complaint, the

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Court will screen the amended complaint. However, Plaintiff should be aware that the
screening process will take several months.

If Plaintiff’s amended complaint survives

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screening, the Court will issue a service order and will not send the case to mediation again.

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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 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).
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.
3.

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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 (Anthony Prentice, #74880), in the months that the

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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.
4.

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The Clerk of the Court shall electronically SERVE a copy of this order on the

Office of the Attorney General of the State of Nevada, attention Kat Howe.
5.

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On or before Friday, November 18, 2016, Plaintiff shall file a notice informing the

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Court of whether he intends to proceed with his amended complaint and wait for another

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screening order, or whether he intends to withdraw his amended complaint and proceed

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immediately on his original complaint. If Plaintiff fails to file a timely notice with the Court, the

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Court will screen the amended complaint.

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6.

The motion for production of video evidence (ECF No. 15) is denied as

procedurally premature.
DATED: October 21, 2016.

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_________________________________
UNITED STATES MAGISTRATE JUDGE

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