Alcantara-Rodriguez v. LeGrand et al

Filing 15

ORDERED ECF No. 1 IFP application is GRANTED. If this action is dismissed, the full filing fee must still be paid Further ordered NDOC shall pay clerk from inmate account. Clerk shall SEND copy this order to Finance and NDOC Inmate Services. (E-service to Finance; mail to NDOC on 10/18/2017.) Clerk shall e-SERVE AG copy this order, and copy of ECF No. 5 Complaint by adding AG to docket. (E-service 10/18/2017; ECF No. 5 Complaint via NEF regeneration.) AG shall advise by 11/8/2017 re acceptance of service, and file under seal Ds' address(es) for which service not accepted. D shall file a motion re any unserved Ds. If service accepted, then answer due 12/17/2017. Henceforth P shall serve Ds copy of every pleading submitt ed for consideration, together with a certificate of service. The motion for appointment of inmate translator (ECF No. 13 ) is denied as moot. Signed by Magistrate Judge William G. Cobb on 10/18/2017. (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 IGNACIO ALCANTARA-RODRIGUEZ, ) ) Plaintiff, ) ) v. ) ) ROBERT LEGRAND et al., ) ) Defendants. ) ) ___________________________________ ) 3:16-cv-00509-RCJ-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 July 12, 2017. (ECF No. 4). A follow-up order 19 imposed a 90-day stay and the Court entered a subsequent order in which the parties were 20 assigned to mediation by a court-appointed mediator. (ECF No. 7, 10). 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. 14). 23 The Court denies the motion for a translator at the mediation conference (ECF No. 13) 24 as moot. The Court received the motion after the mediation took place. (See ECF No. 12, 25 13). 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 (Ignacio Alcantara-Rodriguez, #1011892), in the 8 months that the account exceeds $10.00, until the full $350.00 filing fee has been paid for this 9 action. The Clerk of the Court shall SEND a copy of this order to the Finance Division of the 10 Clerk’s Office. The Clerk of the Court shall also SEND a copy of this order to the attention of 11 the Chief of Inmate Services for the Nevada Department of Corrections, P.O. Box 7011, 12 Carson City, NV 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 by adding the Attorney General of the State of Nevada to the docket sheet. This does 16 not indicate acceptance of service. 17 18 19 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 20 (21) days of the date of entry of this order, the Attorney General’s Office shall file a notice 21 advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts 22 service; (b) the names of the defendants for whom it does not accept service, and (c) the 23 names of the defendants for whom it is filing the last-known-address information under seal. 24 As to any of the named defendants for whom the Attorney General’s Office cannot accept 25 service, the Office shall file, under seal, but shall not serve the inmate Plaintiff the last known 26 address(es) of those defendant(s) for whom it has such information. If the last known address 27 of the defendant(s) is a post office box, the Attorney General's Office shall attempt to obtain 28 and provide the last known physical address(es). 2 1 7. If service cannot be accepted for any of the named defendant(s), Plaintiff shall 2 file a motion identifying the unserved defendant(s), requesting issuance of a summons, and 3 specifying a full name and address for the defendant(s). For the defendant(s) as to which the 4 Attorney General has not provided last-known-address information, Plaintiff shall provide the 5 full name and address for the defendant(s). 6 8. If the Attorney General accepts service of process for any named defendant(s), 7 such defendant(s) shall file and serve an answer or other response to the complaint within 8 sixty (60) days from the date of this order. 9 9. Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has been 10 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document 11 submitted for consideration by the Court. Plaintiff shall include with the original document 12 submitted for filing a certificate stating the date that a true and correct copy of the document 13 was mailed or electronically filed to the defendants or counsel for the defendants. If counsel 14 has entered a notice of appearance, Plaintiff shall direct service to the individual attorney 15 named in the notice of appearance, at the physical or electronic address stated therein. The 16 Court may disregard any document received by a district judge or magistrate judge which has 17 not been filed with the Clerk, and any document received by a district judge, magistrate judge, 18 or the Clerk which fails to include a certificate showing proper service. 19 10. The motion for appointment of inmate translator (ECF No. 13) is denied as moot. 20 21 18th DATED: This _____ day of October, 2017. 22 23 _________________________________ United States Magistrate Judge 24 25 26 27 28 3

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