Carey v. Baca et al

Filing 13

ORDER - Plaintiff's IFP application (ECF No. 1 ) is GRANTED, however, the full filing fee must still be paid. NDOC shall pay Clerk from inmate account. Clerk shall SEND copy this order to Finance and to NDOC inmate service. ( Email (NEF) t o Finance; copy to NDOC on 4/20/2017.) Clerk shall SERVE AG this order and complaint (ECF No. 5 ). ( E-service 5/20/217; complaint via NEF regeneration.) AG shall file notice re acceptance of service by 5/11/2017; and file under seal address(es) for Ds for which service not accepted. P shall file a motion re any unserved Ds. If service accepted then answer/response due by 6/19/2017. Henceforth P shall serve Ds a copy of every pleading submitted for consideration. Signed by Magistrate Judge William G. Cobb on 4/20/2017. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 11 12 13 TONY CAREY, ) ) Plaintiff, ) ) v. ) ) ISIDRO BACA et al., ) ) Defendants. ) ) ___________________________________ ) 3:16-cv-00362-MMD-WGC ORDER 14 This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state 15 prisoner. Plaintiff has submitted an application to proceed in forma pauperis. (ECF No. 1). 16 Based on the financial information provided, the Court finds that Plaintiff is unable to prepay 17 the full filing fee in this matter. 18 The Court entered a screening order on January 25, 2017. (ECF No. 4). The screening 19 order imposed a 90-day stay and the Court entered a subsequent order in which the parties 20 were assigned to mediation by a court-appointed mediator. (ECF No. 4, 10). The Office of 21 the Attorney General has filed a status report indicating that settlement has not been reached 22 and informing the Court of its intent to proceed with this action. (ECF No. 12). 23 For the foregoing reasons, IT IS ORDERED that: 24 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is GRANTED. 25 Plaintiff shall not be required to pay an initial installment of the filing fee. In the event that this 26 action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. § 1915(b)(2). 27 28 2. The movant herein is permitted to maintain this action to conclusion without the necessity of prepayment of any additional fees or costs or the giving of security therefor. This order granting leave to proceed in forma pauperis shall not extend to the issuance and/or 1 2 service of subpoenas at government expense. 3. Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections shall 3 pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding 4 month’s deposits to Plaintiff’s account (Tony Carey, #1049721), in the months that the 5 account exceeds $10.00, until the full $350.00 filing fee has been paid for this action. The 6 Clerk of the Court shall SEND a copy of this order to the Finance Division of the Clerk’s Office. 7 The Clerk of the Court shall also SEND a copy of this order to the attention of the Chief of 8 Inmate Services for the Nevada Department of Corrections, P.O. Box 7011, Carson City, NV 9 89702. 10 4. The Clerk of the Court shall electronically SERVE a copy of this order and a copy 11 of Plaintiff’s amended complaint1 (ECF No. 5) on the Office of the Attorney General of the 12 State of Nevada, attention Kat Howe. 13 14 15 5. Service must be perfected within ninety (90) days from the date of this order pursuant to Fed. R. Civ. P. 4(m). 6. Subject to the findings of the screening order (ECF No. 4), within twenty-one 16 (21) days of the date of entry of this order, the Attorney General’s Office shall file a notice 17 advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts 18 service; (b) the names of the defendants for whom it does not accept service, and (c) the 19 names of the defendants for whom it is filing the last-known-address information under seal. 20 As to any of the named defendants for whom the Attorney General’s Office cannot accept 21 service, the Office shall file, under seal, but shall not serve the inmate Plaintiff the last known 22 address(es) of those defendant(s) for whom it has such information. If the last known address 23 of the defendant(s) is a post office box, the Attorney General's Office shall attempt to obtain 24 and provide the last known physical address(es). 25 26 7. If service cannot be accepted for any of the named defendant(s), Plaintiff shall file a motion identifying the unserved defendant(s), requesting issuance of a summons, and 27 28 1 The Court notes that Plaintiff withdrew his second amended complaint and stated that he wished to proceed on his first amended complaint. (ECF No. 7, 8, 9). 2 1 specifying a full name and address for the defendant(s). For the defendant(s) as to which the 2 Attorney General has not provided last-known-address information, Plaintiff shall provide the 3 full name and address for the defendant(s). 4 8. If the Attorney General accepts service of process for any named defendant(s), 5 such defendant(s) shall file and serve an answer or other response to the amended complaint 6 within sixty (60) days from the date of this order. 7 9. Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has been 8 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document 9 submitted for consideration by the Court. Plaintiff shall include with the original document 10 submitted for filing a certificate stating the date that a true and correct copy of the document 11 was mailed or electronically filed to the defendants or counsel for the defendants. If counsel 12 has entered a notice of appearance, Plaintiff shall direct service to the individual attorney 13 named in the notice of appearance, at the physical or electronic address stated therein. The 14 Court may disregard any document received by a district judge or magistrate judge which has 15 not been filed with the Clerk, and any document received by a district judge, magistrate judge, 16 or the Clerk which fails to include a certificate showing proper service. 17 18 20th DATED: This _____ day of April, 2017. 19 20 _________________________________ United States Magistrate Judge 21 22 23 24 25 26 27 28 3

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