Street v. Baca et al

Filing 6

ORDER CLARIFYING SCREENING ORDER (ECF No. 4 ) : THe order granting the application to proceed in forma pauperis (ECF No. 1 ) is vacated. Clerk is directed to reinstate IFP Application (ECF No. 1 ) as an active, pending motion. The Court defers a decision on the IFP application (ECF No. 1 ) until after mediation. This action stayed 90 days to allow parties opportunity to settle. AG shall file report re stay by 4/12/2017. If case does not settle, P shall pay $350 filing fee. If an y party seeks to have this case excluded from the inmate mediation program, that party shall file a "motion to exclude case from mediation" by 2/2/2017; response due 7 days thereafter; no reply shall be filed. Signed by Judge Robert C. Jones on 1/24/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHRISTOPHER I. STREET,

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Plaintiff,
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v.
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ISIDRO BACA et al.,
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Defendants.
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___________________________________ )

3:16-cv-00266-RCJ-WGC
ORDER CLARIFYING
SCREENING ORDER

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I.

DISCUSSION

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On January 12, 2017, the Court entered a screening order. (ECF No. 4). In the
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introduction paragraph of the order, the Court stated that the complaint was dismissed with
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leave to amend. (Id. at 1). However, the body of the order states that Plaintiff presents a
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colorable claim and permits the claim to proceed and then sends the case to mediation. (Id.
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at 3-4). The Court now clarifies that Plaintiff has stated a colorable Eighth Amendment claim
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and that the case will proceed to mediation. The Court clarifies that the complaint is not
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dismissed.
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The conclusion of the order states that the Court grants Plaintiff’s application to proceed
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in forma pauperis but stays the case for mediation. (Id. at 4). The Court clarifies that a
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decision on Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is deferred in order
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to give Plaintiff and Defendants an opportunity to settle this case prior to the determination of
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the filing fee. The Court directs the Clerk of the Court to vacate the granting of the application
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to proceed in forma pauperis and to reinstate the application to proceed in forma pauperis as
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an active pending motion, which the Court will address after mediation.
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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that the order granting the application to

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proceed in forma pauperis (ECF No. 1) is vacated. The Clerk of the Court is directed to

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reinstate the application to proceed in forma pauperis (ECF No. 1) as an active, pending

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motion. The Court defers a decision on the application to proceed in forma pauperis (ECF No.

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1) until after mediation.

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IT IS FURTHER ORDERED that given the nature of the claim(s) that the Court has

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permitted to proceed, this action is STAYED for ninety (90) days1 to allow Plaintiff and

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Defendant(s) an opportunity to settle their dispute before the $350.00 filing fee is paid, an

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answer is filed, or the discovery process begins. During this ninety-day stay period, no other

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pleadings or papers shall be filed in this case, and the parties shall not engage in any

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discovery. The Court will refer this case to the Court’s Inmate Early Mediation Program, and

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the Court will enter a subsequent order. Regardless, on or before ninety (90) days from the

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date the Court entered its January 12, 2017 screening order, the Office of the Attorney

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General shall file the report form attached to the January 12, 2017 screening order regarding

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the results of the 90-day stay, even if a stipulation for dismissal is entered prior to the end of

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the 90-day stay. If the parties proceed with this action, the Court will then issue an order

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setting a date for Defendants to file an answer or other response. Following the filing of an

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answer, the Court will issue a scheduling order setting discovery and dispositive motion

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deadlines.

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IT IS FURTHER ORDERED that “settlement” may or may not include payment of

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money damages. It also may or may not include an agreement to resolve Plaintiff’s issues

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differently. A compromise agreement is one in which neither party is completely satisfied with

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the result, but both have given something up and both have obtained something in return.

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IT IS FURTHER ORDERED that if the case does not settle, Plaintiff will be required to

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pay the full $350.00 filing fee. This fee cannot be waived. If Plaintiff is allowed to proceed in

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From the date of the January 12, 2017 screening order.
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forma pauperis, the fee will be paid in installments from his prison trust account. 28 U.S.C.

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§ 1915(b). If Plaintiff is not allowed to proceed in forma pauperis, the $350.00 will be due

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immediately.

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IT IS FURTHER ORDERED that if any party seeks to have this case excluded from the

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inmate mediation program, that party shall file a “motion to exclude case from mediation” on

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or before twenty-one (21) days from the date of January 12, 2017 screening order. The

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responding party shall have seven (7) days to file a response. No reply shall be filed.

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Thereafter, the Court will issue an order, set the matter for hearing, or both.

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24th
DATED: This _____ day of January, 2017.

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_________________________________
United States District Judge

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