McNair v. Berg

Filing 15

ORDERED ECF No. 1 IFP Application is GRANTED, however the full filing fee must be paid. NDOC shall pay Clerk from inmate account. Clerk shall SEND this order to Finance and NDOC Inmate Services. (E-service to Finance, mail to NDOC 8/17/2017.) Clerk shall SERVE this order and ECF No. 6 Complaint on AG. (E-service 8/17/2017; # 6 NEF re complaint regenerated.) AG shall file notice by 9/7/2017 re acceptance of service; and file address(es) under seal for Ds for which service not accepted. P sh all file a motion re unserved Ds. If service accepted, answer due by 10/16/2017. Henceforth P shall serve D a copy of every pleading submitted for consideration, together with a certificate of service. Signed by Magistrate Judge William G. Cobb on 8/16/2017. (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 CLARENCE MCNAIR, ) ) Plaintiff, ) ) v. ) ) L. BERG et al., ) ) Defendants. ) ) ___________________________________ ) 3:16-cv-00487-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 May 18, 2017. (ECF No. 5). 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. 5, 12). 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. 14). 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 (Clarence McNair, #1059617), 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 complaint (ECF No. 6) on the Office of the Attorney General of the State of 12 Nevada, attention Barbara Fell. 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. 5), 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 7. If service cannot be accepted for any of the named defendant(s), Plaintiff shall 26 file a motion identifying the unserved defendant(s), requesting issuance of a summons, and 27 specifying a full name and address for the defendant(s). For the defendant(s) as to which the 28 Attorney General has not provided last-known-address information, Plaintiff shall provide the 2 1 2 full name and address for the defendant(s). 8. If the Attorney General accepts service of process for any named defendant(s), 3 such defendant(s) shall file and serve an answer or other response to the complaint within 4 sixty (60) days from the date of this order. 5 9. Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has been 6 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document 7 submitted for consideration by the Court. Plaintiff shall include with the original document 8 submitted for filing a certificate stating the date that a true and correct copy of the document 9 was mailed or electronically filed to the defendants or counsel for the defendants. If counsel 10 has entered a notice of appearance, Plaintiff shall direct service to the individual attorney 11 named in the notice of appearance, at the physical or electronic address stated therein. The 12 Court may disregard any document received by a district judge or magistrate judge which has 13 not been filed with the Clerk, and any document received by a district judge, magistrate judge, 14 or the Clerk which fails to include a certificate showing proper service. 15 16 16th DATED: This _____ day of August, 2017. 17 18 _________________________________ United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 3

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