Ruiz v. Nevada Department of Corrections et al

Filing 163

GENERAL ORDER 2012-01 e-filing is mandatory at Southern Desert Correctional Center. Signed by Chief Judge Miranda M. Du. (Copies have been distributed pursuant to the NEF - LG)

Case 3:17-cv-00643-RCJ-CSD Document 163 Filed 10/17/22 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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IN RE: ELECTRONIC SUBMISSION OF
NDOC PRISONER DOCUMENTS

FOURTH AMENDED GENERAL ORDER
NO. 2012-01

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Since February 19, 2013, the United States District Court for the District of Nevada

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(“Court”), the Nevada Department of Corrections (“NDOC”), and the Office of the Attorney

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General of the State of Nevada have participated in an electronic filing project designed

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to reduce the cost of processing filings from incarcerated people in cases filed pursuant

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to 42 U.S.C. § 1983—under General Order No. 2012-01. This order makes that electronic

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filing process mandatory. The terms of the e-filing project are described below.

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1.

Electronic filing of filings by incarcerated people in civil rights cases was

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implemented at Northern Nevada Correctional Center (“NNCC”) in 2013, at

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Lovelock Correctional Center (“LCC”) in 2015, and on April 1, 2020 at both

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Ely State Prison (“ESP”) and High Desert State Prison (“HDSP”).

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2.

All filings by incarcerated people in NDOC’s custody in all federal cases

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before this Court, including civil rights and habeas corpus cases, must be

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filed electronically beginning no later than January 1, 2022, excluding filings

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from rural NDOC camps.

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3.

NDOC will be provided with free Public Access to Court Electronic Records

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(“PACER”) accounts for use by the law librarians who become registered

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users.

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Case 3:17-cv-00643-RCJ-CSD Document 163 Filed 10/17/22 Page 2 of 3

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4.

NDOC will scan to PDF and transmit electronically to the Court all

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documents presented by incarcerated people for filing with the Court. The

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original documents will be returned to the incarcerated person. Al

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documents submitted for filing by incarcerated people in NDOC facilities will

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be emailed to the Court in PDF format and in accordance with NDOC

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procedures therefor.

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5.

The Court will receive and file the incarcerated peoples’ documents

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electronically. After traditional service of the incarcerated person’s

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complaint and appearance by an opposing party, electronic transmission of

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the filed document to opposing parties who are registered users of the

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Court’s electronic filing system constitutes service of the hyperlinked

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document for purposes of Rule 5(b)(3) of the Federal Rules of Civil

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Procedure. The incarcerated person must mail a copy of their electronically

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filed documents to non-registered users.

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6.

Each NDOC facility, excluding rural NDOC camps, will establish an email

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address for receipt of electronically-filed documents. NDOC staff will print

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the electronic transmission receipt, the hyperlinked order, and other

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documents filed by the Court. Receipt of copies of the receipt and

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hyperlinked documents by the incarcerated person constitutes service of

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the document on the incarcerated person. If the incarcerated person refuses

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delivery or is no longer at a particular NDOC facility, NDOC will indicate the

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reason for non-delivery on the transmission receipt and email it to the Court.

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7.

Opposing parties who are registered users of the Court’s electronic filing

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system will serve filings on NDOC prisoners through the Court’s electronic

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filing system. NDOC staff will print and provide to incarcerated people both

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the electronic receipts and the hyperlinked documents filed by opposing

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parties.
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Case 3:17-cv-00643-RCJ-CSD Document 163 Filed 10/17/22 Page 3 of 3

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The Court has evaluated the e-filing project and determines it should be continued

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permanently at all NDOC facilities, excluding rural NDOC camps. It is therefore ordered

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that the e-filing project—as outlined above—is now mandatory at NDOC facilities that

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have already implemented it, and will become mandatory at other NDOC facilities on the

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schedule stated above.

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DATED THIS 8th day of April 2020.

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MIRANDA M. DU
CHIEF JUDGE, UNITED STATES
DISTRICT COURT FOR THE DISTRICT
OF NEVADA

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