Johnston v. Gedney et al

Filing 9

ORDER that Plaintiff's IFP application (ECF No. 1 ) 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 a copy of ECF No. 4 Plaintiff's Complaint (E-service and NEF regenerated on 3/7/2018); service must be perfected by 6/5/2018; AG to advise Court by 3/28/2018 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 defendant(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 3/7/2018. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 RICHARD JOHNSTON, 10 Case No. 3:16-cv-00754-MMD-WGC Plaintiff, ORDER v. 11 KAREN GEDNEY, et al., 12 Defendants. 13 14 This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by 15 a state prisoner. Plaintiff has submitted an application to proceed in forma pauperis. 16 (ECF No. 1). Based on the financial information provided, the Court finds that Plaintiff is 17 unable to prepay the full filing fee in this matter. 18 The Court entered a screening order on December 8, 2017. (ECF No. 3). The 19 screening order imposed a 90-day stay and the Court entered a subsequent order in 20 which the parties were assigned to mediation by a court-appointed mediator. (ECF No. 21 3, 6). The Office of the Attorney General has filed a status report indicating that settlement 22 has not been reached and informing the Court of its intent to proceed with this action. 23 (ECF No. 8). 24 For the foregoing reasons, IT IS ORDERED that: 25 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is 26 GRANTED. Plaintiff shall not be required to pay an initial installment of the filing fee. In 27 the event that this action is dismissed, the full filing fee must still be paid pursuant to 28 28 U.S.C. § 1915(b)(2). 1 1 2. The movant herein is permitted to maintain this action to conclusion without 2 the necessity of prepayment of any additional fees or costs or the giving of security 3 therefor. This order granting leave to proceed in forma pauperis shall not extend to the 4 issuance and/or service of subpoenas at government expense. 5 3. Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections 6 shall pay to the Clerk of the United States District Court, District of Nevada, 20% of the 7 preceding month’s deposits to Plaintiff’s account (Richard Johnston, #91380), in the 8 months that the account exceeds $10.00, until the full $350.00 filing fee has been paid 9 for this action. The Clerk of the Court shall SEND a copy of this order to the Finance 10 Division of the Clerk’s Office. The Clerk of the Court shall also SEND a copy of this order 11 to the attention of the Chief of Inmate Services for the Nevada Department of Corrections, 12 P.O. Box 7011, Carson City, NV 89702. 13 4. The Clerk of the Court shall electronically SERVE a copy of this order and 14 a copy of Plaintiff’s complaint (ECF No. 4) on the Office of the Attorney General of the 15 State of Nevada by adding the Attorney General of the State of Nevada to the docket 16 sheet. This does 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. 3), within twenty- 20 one (21) days of the date of entry of this order, the Attorney General’s Office shall file a 21 notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it 22 accepts service; (b) the names of the defendants for whom it does not accept service, 23 and (c) the names of the defendants for whom it is filing the last-known-address 24 information under seal. As to any of the named defendants for whom the Attorney 25 General’s Office cannot accept service, the Office shall file, under seal, but shall not serve 26 the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such 27 information. If the last known address of the defendant(s) is a post office box, the Attorney 28 General's Office shall attempt to obtain and provide the last known physical address(es). 2 1 7. If service cannot be accepted for any of the named defendant(s), Plaintiff 2 shall file a motion identifying the unserved defendant(s), requesting issuance of a 3 summons, and specifying a full name and address for the defendant(s). 4 defendant(s) as to which the Attorney General has not provided last-known-address 5 information, Plaintiff shall provide the full name and address for the defendant(s). 6 8. For the If the Attorney General accepts service of process for any named 7 defendant(s), such defendant(s) shall file and serve an answer or other response to the 8 complaint within sixty (60) days from the date of this order. 9 9. Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has 10 been entered by counsel, upon their attorney(s), a copy of every pleading, motion or other 11 document submitted for consideration by the Court. Plaintiff shall include with the original 12 document submitted for filing a certificate stating the date that a true and correct copy of 13 the document was mailed or electronically filed to the defendants or counsel for the 14 defendants. If counsel has entered a notice of appearance, Plaintiff shall direct service 15 to the individual attorney named in the notice of appearance, at the physical or electronic 16 address stated therein. The Court may disregard any document received by a district 17 judge or magistrate judge which has not been filed with the Clerk, and any document 18 received by a district judge, magistrate judge, or the Clerk which fails to include a 19 certificate showing proper service. 20 10. This case is no longer stayed. 21 DATED: March 7, 2018. 22 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 3

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