Antonetti v. McDaniels et al

Filing 37

ORDER that Plaintiff's IFP application (ECF No. 1 ) is GRANTED; NDOC to pay Clerk from inmate account; Clerk directed to send a copy of this order to Finance and NDOC Chief of Inmate Services (E-service to Finance and mailed to NDOC C hief on 1/22/2019); Clerk directed to e-serve NV AG with a copy of this order and a copy of ECF No. 8 First Amended Complaint (E-service and NEF regenerated on 1/22/2019); service must be perfected by 4/22/2019; AG to advise Court by 2/12/2019 re acceptance of service and/or provide last-known-address information under seal; plaintiff to file a motion identifying the unserved defendant(s), requesting issuance of a summons, and specifying a full name and address for the defen dant(s); answer/response due within 60 days for any defendants represented; Plaintiff shall serve defendants copy of all pleadings and include certificate of service; this case is no longer stayed. See order for further details and instructions. Signed by Magistrate Judge William G. Cobb on 1/22/2019. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOSEPH ANTONETTI,

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Case No. 3:16-cv-00396-MMD-WGC
Plaintiff,

ORDER

v.
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E.K. MCDANIELS, 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.

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

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unable to prepay the full filing fee in this matter.

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On May 25, 2018, the Court imposed a 90-day stay and subsequently entered an

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order in which the parties were assigned to mediation by a court-appointed mediator.

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(ECF No. 15, 19). The Court subsequently extended the stay to January 18, 2019. (ECF

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No. 33.) The Office of the Attorney General has filed a status report indicating that

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settlement has not been reached and informing the Court of its intent to proceed with this

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action. (ECF No. 36).

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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

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GRANTED. Plaintiff shall not be required to pay an initial installment of the filing fee. In

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the event that this action is dismissed, the full filing fee must still be paid pursuant to 28

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U.S.C. § 1915(b)(2).
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2.

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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 shall not extend to the

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issuance and/or 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

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shall 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 (Joseph Antonetti), in the months that

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the account exceeds $10.00, until the full $350.00 filing fee has been paid for this action.

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The Clerk of the Court shall SEND a copy of this order to the Finance Division of the

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Clerk’s Office. The Clerk of the Court shall also SEND a copy of this order to the attention

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of the Chief of Inmate Services for the Nevada Department of Corrections, P.O. Box 7011,

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Carson City, NV 89702. 1
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The Clerk of the Court shall electronically SERVE a copy of this order and

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

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General of the State of Nevada by adding the Attorney General of the State of Nevada to

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the docket sheet. This does not indicate acceptance of service.
5.

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Service must be perfected within ninety (90) days from the date of this order

pursuant to Fed. R. Civ. P. 4(m).
6.

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Subject to the findings of the screening order on the first amended complaint

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(ECF No. 15), within twenty-one (21) days of the date of entry of this order, the Attorney

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General’s Office shall file a notice advising the Court and Plaintiff of: (a) the names of the

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defendants for whom it accepts service; (b) the names of the defendants for whom it does

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not accept service, and (c) the names of the defendants for whom it is filing the last-

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known-address information under seal. As to any of the named defendants for whom the

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Attorney General’s Office cannot accept service, the Office shall file, under seal, but shall

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not serve the inmate Plaintiff the last known address(es) of those defendant(s) for whom

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If the NDOC is currently housing Plaintiff out of state, the NDOC shall make arrangements to collect the
filing fee from the institution where Plaintiff is housed.

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

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the Attorney General's Office shall attempt to obtain and provide the last known physical

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address(es).

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If service cannot be accepted for any of the named defendant(s), Plaintiff

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shall 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).

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defendant(s) as to which the Attorney General has not provided last-known-address

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

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8.

For the

If the Attorney General accepts service of process for any named

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

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

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9.

Henceforth, Plaintiff shall 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 shall 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 shall direct service

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to 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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10.

This case is no longer stayed.

DATED: January 22, 2019

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UNITED STATES MAGISTRATE JUDGE
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