Espinosa v. Stogner et al

Filing 13

ORDER stating that the Court will not issue a screening order on ECF No. 8 Amended Complaint; directing that the case will proceed on normal litigation track; directing that Plaintiff will not be required to pay an initial installment fee - NDOC to pay Clerk from inmate account (copy of order sent to Finance and NDOC Chief of Inmate Services); directing Plaintiff American Humanist Association to pay $400 filing fee by 10/21/2016. Signed by Magistrate Judge William G. Cobb on 10/12/2016. (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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Plaintiffs,
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v.
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JOSEPH STOGNER et al.,
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Defendants.
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___________________________________ )

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I.

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BENJAMIN W. ESPINOSA et al.,

Case No. 3:16-cv-00141-RCJ-WGC
ORDER

DISCUSSION

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Plaintiff is a prisoner in the custody of the Nevada Department of Corrections (“NDOC”).

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(ECF No. 8 at 2). On October 5, 2016, Plaintiff, represented by counsel, filed an amended civil

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rights complaint pursuant to 42 U.S.C. § 1983.1 (ECF No. 8). In a previous order, the Court

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granted Plaintiff’s application to proceed in forma pauperis. (ECF No. 6 at 7).

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The general rule under 28 U.S.C. § 1915A is that “[t]he court shall review . . . a

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complaint in a civil action in which a prisoner seeks redress from the governmental entity or

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officer or employee of a governmental entity” and “shall identify cognizable claims or dismiss

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the complaint, or any portion of the complaint” if it is “frivolous, malicious, or fails to state a

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claim upon which relief can be granted; or . . . seeks monetary relief from a defendant who is

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immune from such relief.” 28 U.S.C. § 1915A(a), (b).

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Section 1915A does not expressly differentiate between represented and

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unrepresented prisoner cases with regard to screening, and there is no authority addressing

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this issue. This Court typically does not screen § 1983 prisoner cases where the Plaintiff is

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represented by counsel. For one thing, the pleading obligations of an attorney under Fed. R.

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Plaintiff initiated this case as a pro se plaintiff. (ECF No. 1).

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Civ. P. 11 tend to substantially reduce the incidence of claims that are frivolous or otherwise

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patently noncognizable on their face. Pro se litigants are not attorneys and should not be

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expected to know how to draft pleadings as if they were. Judicial screening of prisoner

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complaints serves to prevent prisoner complaints which are truly difficult, if not impossible to

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understand, from being served upon defendants. Screening of represented cases to decipher

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the allegations and claims is usually unnecessary. See, e.g., Nordstrom v. Ryan, 762 F.3d

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903, 907 n.1 (9th Cir. 2014) (noting that the “purpose of § 1915A is to ensure that the targets

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of frivolous or malicious suits need not bear the expense of responding”); O’Neal v. Price, 531

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F.3d 1146, 1153 (9th Cir. 2008) (explaining that the PLRA’s screening provision was intended

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to “conserve judicial resources by authorizing district courts to dismiss nonmeritorious prisoner

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complaints at an early stage”). As such, the Court will not screen this counseled prisoner

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case. This case shall proceed on the normal litigation track as guided by the Federal Rules

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of Civil Procedure.

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that the Court will not issue a screening

order on the amended complaint (ECF No. 8) in this case.
IT IS FURTHER ORDERED that this case shall proceed on the normal litigation track
as guided by the Federal Rules of Civil Procedure.

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IT IS FURTHER ORDERED that, in light of this Court’s order (ECF No. 6) granting

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Plaintiff’s application to proceed in forma pauperis, Plaintiff shall not be required to pay an

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initial installment fee. Nevertheless, the full filing fee shall still be due, pursuant to 28 U.S.C.

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§ 1915, as amended by the Prisoner Litigation Reform Act. The movant herein is permitted

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to maintain this action to conclusion without the necessity of prepayment of fees or costs or

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the giving of security therefor. This order granting in forma pauperis status shall not extend

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to the issuance and/or service of subpoenas at government expense.

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IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 1915, as amended by the

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Prisoner Litigation Reform Act, the Nevada Department of Corrections shall pay to the Clerk

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of the United States District Court, District of Nevada, 20% of the preceding month’s deposits
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to the account of Benjamin Espinosa, #74296 (in months that the account exceeds $10.00)

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until the full $350 filing fee has been paid for this action. The Clerk shall send a copy of this

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order to the attention of Albert G. Peralta, Chief of Inmate Services for the Nevada

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Department of Prisons, P.O. Box 7011, Carson City, NV 89702.

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IT IS FURTHER ORDERED that, even if this action is dismissed, or is otherwise

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unsuccessful, the full filing fee shall still be due, pursuant to 28 U.S.C. §1915, as amended by

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the Prisoner Litigation Reform Act.

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IT IS FURTHER ORDERED that Plaintiff American Humanist Association is ordered to

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pay the full $400 filing fee for a civil action on or before Friday, October 21, 2016. If Plaintiff

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American Humanist Association fails to pay the full $400 filing fee by this date, the Court will

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dismiss Plaintiff American Humanist Association, with prejudice, from this case.

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DATED: October 12, 2016.

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_________________________________
UNITED STATES MAGISTRATE JUDGE

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