Horvath v. Williams et al

Filing 23

ORDER that ECF No. 1 Plaintiff's IFP application is GRANTED; NDOC to pay Clerk from inmate account (copy of order sent to Finance and NDOC Chief of Inmate Services); Clerk directed to e-serve NV AG with this order and ECF No. 10 Compl aint (E-service and NEF regenerated on 2/23/2018); service must be perfected by 5/24/2018; AG to advise Court by 3/16/2018 re acceptance of service and/or provide last-known-address information under seal; Plaintiff to file a motion i dentifying the unserved defendant(s), requesting issuance of a summons, and specifying a full name and address for the defendant(s); answer/response due within 60 days for any defendants represented; Plaintiff shall serve defendants copy of all plead ings and include certificate of service; this case is no longer stayed; and ECF No. 18 motion to transfer Plaintiff back to NNCC is denied as moot. See order for further details and instructions. Signed by Magistrate Judge William G. Cobb on 2/23/2018. (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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TAMAS HORVATH,

Case No. 3:16-cv-00553-MMD-WGC

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Plaintiff,

ORDER

v.
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BRIAN WILLIAMS, SR., 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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The Court entered a screening order on October 26, 2017. (ECF No. 9). The

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screening order imposed a 90-day stay and the Court entered a subsequent order in

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which the parties were assigned to mediation by a court-appointed mediator. (ECF No.

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9, 12). 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. 22).

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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

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28 U.S.C. § 1915(b)(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.

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3.

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 (Tamas Horvath, #1136035), in the

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months that the account exceeds $10.00, until the full $350.00 filing fee has been paid

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for this action. The Clerk of the Court shall SEND a copy of this order to the Finance

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

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to the attention of the Chief of Inmate Services for the Nevada Department of Corrections,

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P.O. Box 7011, Carson City, NV 89702.

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4.

The Clerk of the Court shall electronically SERVE a copy of this order and

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a copy of Plaintiff’s complaint (ECF No. 10) on the Office of the Attorney General of the

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

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sheet. This does not indicate acceptance of service.

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5.

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

pursuant to Fed. R. Civ. P. 4(m).
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Subject to the findings of the screening order (ECF No. 9), within twenty-

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one (21) days of the date of entry of this order, the Attorney General’s Office shall file a

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notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it

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accepts service; (b) the names of the defendants for whom it does not accept service,

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and (c) the names of the defendants for whom it is filing the last-known-address

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information under seal. As to any of the named defendants for whom the Attorney

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

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the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such

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

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General's Office shall attempt to obtain and provide the last known physical address(es).
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7.

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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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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.
9.

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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.

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11.

The motion to transfer Plaintiff back to NNCC (ECF No. 18) is denied as

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moot.
DATED: February 23, 2018.

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UNITED STATES MAGISTRATE JUDGE

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