McLaughlin v. Dzurenda et al

Filing 21

ORDER granting ECF No. 15 Application to Proceed Without Prepaying Fees or Costs; directing Clerk to e-serve this order and ECF No. 7 Amended Complaint on the NV AG (NEFs sent 7/9/2020); directing AG to advise Court and Plaintiff within 2 1 days re appearance. Answer due within 60 days for any defendants represented. Plaintiff to serve defendants copies of all pleadings and include certificate of service. Case is no longer stayed. See order for further details. Signed by Magistrate Judge William G. Cobb on 7/9/2020. (Copies have been distributed pursuant to the NEF - KR)

Case 3:17-cv-00290-RCJ-WGC Document 21 Filed 07/09/20 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JACK P. MCLAUGHLIN,

Case No. 3:17-cv-00290-RCJ-WGC

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Plaintiff

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ORDER

v.
JAMES DZURENDA, et al.,

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Defendants

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This action is a pro se civil rights complaint filed under 42 U.S.C. § 1983 by a

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former state prisoner. Plaintiff has submitted an application to proceed in district court

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without prepaying fees or costs following his release from prison. (ECF No. 15). Based

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on the financial information provided, the Court grants Plaintiff leave to proceed without

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prepayment of fees or costs under 28 U.S.C. § 1915(a)(1). 1

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On February 25, 2020, the Court entered a screening order. (ECF No. 8). The

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

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assigning the case to mediation by a court-appointed mediator. (ECF Nos. 8, 16). The

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Office of the Attorney General has filed a status report indicating that settlement was not

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reached and informing the Court of its intent to proceed with this action. (ECF No. 20).

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IT IS THEREFORE ORDERED that:

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1.

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Plaintiff’s application to proceed in district court without prepaying fees or

costs (ECF No. 15) is GRANTED.
2.

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Plaintiff is permitted to maintain this action to conclusion without the

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necessity of prepayment of any additional fees or costs or the giving of security therefor.

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This order granting leave to proceed in district court without prepaying fees or costs will

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not extend to the issuance and/or service of subpoenas at government expense.
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Plaintiff is not subject to the requirements of 28 U.S.C. § 1915(a)(2), (b) because he is
no longer a “prisoner” within the meaning of the statute. See 28 U.S.C. § 1915(h).

Case 3:17-cv-00290-RCJ-WGC Document 21 Filed 07/09/20 Page 2 of 3

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3.

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

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copy of Plaintiff’s amended complaint (ECF No. 7) on the Office of the Attorney General

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

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docket sheet. This does not indicate acceptance of service.

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4.

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. 8), within twenty-

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one (21) days of the date of entry of this order, the Attorney General’s Office will 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 will file, under seal, but will 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 will attempt to obtain and provide the last known physical address(es).

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6.

If service cannot be accepted for any of the named defendant(s), Plaintiff

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will 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 will provide the full name and address for the defendant(s).

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7.

For the

If the Attorney General accepts service of process for any named

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defendant(s), such defendant(s) will file and serve an answer or other response to the

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amended complaint within sixty (60) days from the date of this order.

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8.

Henceforth, Plaintiff will 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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Case 3:17-cv-00290-RCJ-WGC Document 21 Filed 07/09/20 Page 3 of 3

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document submitted for consideration by the Court. Plaintiff will 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 will direct service to

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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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9.

This case is no longer stayed.

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DATED: July 9, 2020.

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UNITED STATES MAGISTRATE JUDGE

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