Wright v. Arias et al

Filing 14

ORDER - ECF No. 1 IFP Application is GRANTED. NDOC shall pay clerk from inmate account Clerk shall SEND copy this order to Finance, and to NDOC Inmate Services. (Email (NEF) to Finance; copy mailed to NDOC on 7/24/2017.) Clerk shall e-serve AG thi s order and ECF No. 5 Complaint. (E-service 7/24/2017; Complaint via NEF regeneration.) AG shall file notice re acceptance of service by 8/14/2017; and file under seal addresses for Ds for which service not accepted. P must file motion re unserved Ds. Answer/response to complaint due by 9/22/2017. Henceforth P shall serve Ds a copy of every pleading submitted for consideration, together with a certificate of service. The ECF No. 7 Motion for time is denied as moot. Signed by Magistrate Judge William G. Cobb on 7/24/2017. (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 DASHAUN WRIGHT, ) ) Plaintiff, ) ) v. ) ) GONZALAS ARIAS et al., ) ) Defendants. ) ) ___________________________________ ) 3:16-cv-00437-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 March 10, 2017. (ECF No. 4). A follow-up 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. 6, 9). The Office of the 21 Attorney General has filed a status report indicating that settlement has not been reached and 22 informing the Court of its intent to proceed with this action. (ECF No. 13). 23 Plaintiff has filed a motion for an enlargement of time to file an amended complaint. 24 (ECF No. 7). The Court denies the motion as moot. However, Plaintiff may file an amended 25 complaint in accordance with Federal Rule of Civil Procedure 15. 26 For the foregoing reasons, IT IS ORDERED that: 27 1. 28 Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is GRANTED. Plaintiff shall not be required to pay an initial installment of the filing fee. In the event that this action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. § 1915(b)(2). 1 2. The movant herein is permitted to maintain this action to conclusion without the 2 necessity of prepayment of any additional fees or costs or the giving of security therefor. This 3 order granting leave to proceed in forma pauperis shall not extend to the issuance and/or 4 service of subpoenas at government expense. 5 3. Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections shall 6 pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding 7 month’s deposits to Plaintiff’s account (Dashaun Wright, #1126398), in the months that the 8 account exceeds $10.00, until the full $350.00 filing fee has been paid for this action. The 9 Clerk of the Court shall SEND a copy of this order to the Finance Division of the Clerk’s Office. 10 The Clerk of the Court shall also SEND a copy of this order to the attention of the Chief of 11 Inmate Services for the Nevada Department of Corrections, P.O. Box 7011, Carson City, NV 12 89702. 13 4. The Clerk of the Court shall electronically SERVE a copy of this order and a copy 14 of Plaintiff’s complaint (ECF No. 5) on the Office of the Attorney General of the State of 15 Nevada, attention Traci Plotnick. 16 17 18 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 and the follow-up order (ECF No. 19 4, 6), within twenty-one (21) days of the date of entry of this order, the Attorney General’s 20 Office shall file a notice advising the Court and Plaintiff of: (a) the names of the defendants for 21 whom it accepts service; (b) the names of the defendants for whom it does not accept service, 22 and (c) the names of the defendants for whom it is filing the last-known-address information 23 under seal. As to any of the named defendants for whom the Attorney General’s Office cannot 24 accept service, the Office shall file, under seal, but shall not serve the inmate Plaintiff the last 25 known address(es) of those defendant(s) for whom it has such information. If the last known 26 address of the defendant(s) is a post office box, the Attorney General's Office shall attempt 27 to obtain and provide the last known physical address(es). 28 7. If service cannot be accepted for any of the named defendant(s), Plaintiff shall 2 1 file a motion identifying the unserved defendant(s), requesting issuance of a summons, and 2 specifying a full name and address for the defendant(s). For the defendant(s) as to which the 3 Attorney General has not provided last-known-address information, Plaintiff shall provide the 4 full name and address for the defendant(s). 5 8. If the Attorney General accepts service of process for any named defendant(s), 6 such defendant(s) shall file and serve an answer or other response to the complaint within 7 sixty (60) days from the date of this order. 8 9. Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has been 9 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document 10 submitted for consideration by the Court. Plaintiff shall include with the original document 11 submitted for filing a certificate stating the date that a true and correct copy of the document 12 was mailed or electronically filed to the defendants or counsel for the defendants. If counsel 13 has entered a notice of appearance, Plaintiff shall direct service to the individual attorney 14 named in the notice of appearance, at the physical or electronic address stated therein. The 15 Court may disregard any document received by a district judge or magistrate judge which has 16 not been filed with the Clerk, and any document received by a district judge, magistrate judge, 17 or the Clerk which fails to include a certificate showing proper service. 18 10. The motion for enlargement of time (ECF No. 7) is denied as moot. 19 20 24th DATED: This _____ day of July, 2017. 21 22 _________________________________ United States Magistrate Judge 23 24 25 26 27 28 3

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