Evans v. Dzurenda et al

Filing 72

ORDER - ECF No. 1 IFP application is GRANTED. NDOC shall pay clerk from Inmate account until the full $350.00 filing fee has been paid. Clerk shall SEND copy this order to Finance and to NDOC Inmate Services. (Email (NEF) to Finance; mailed to NDOC on 8/3/2021.) The motion for an expert witness (ECF No. 70 ) is denied. Clerk shall SERVE this order and copy of ECF No. 60 First Amended Complaint on AG by adding AG to docket. (E-service on 8/3/2021; NEF #60 Reg enerated to serve DAG Rands.) AG shall file a notice within 21 days (8/24/2021) re acceptance of service, and file under seal addresses for Ds for which service not accepted. P shall file a motion re any unserved Ds. If service accepted then Answ er/response to complaint due within 60 days from date of this order (10/2/2021). Henceforth P shall serve Ds a copy of every pleading submitted for consideration, together with a certificate of service. This case is no longer stayed. Signed by Magistrate Judge William G. Cobb on 8/3/2021. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:18-cv-00283-RCJ-WGC Document 72 Filed 08/03/21 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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TODD EVANS,
v.

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Plaintiff,

ORDER

JAMES DZURENDA, et al.,
Defendants.

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Case No. 3:18-cv-00283-RCJ-WGC

This action began with a pro se civil rights complaint filed pursuant to 42 U.S.C. §
1983 by a person in the custody of the Nevada Department of Corrections. Plaintiff has
submitted an application to proceed in forma pauperis. (ECF No. 1). Based on the
financial information provided, the Court finds that Plaintiff is unable to prepay the full
filing fee in this matter.
The Court imposed a 90-day stay on May 4, 2020 and informed the parties that no
other papers were permitted to be filed during the stay and that the parties were not
permitted to engage in any discovery during the stay. (ECF No. 65 at 9). Plaintiff
nevertheless filed a motion for an expert witness during the stay. (ECF No. 70). The
Court denies that motion as premature.
The Office of the Attorney General has filed a status report indicating that
settlement has not been reached and informing the Court of its intent to proceed with this
action. (ECF No. 71).
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Case 3:18-cv-00283-RCJ-WGC Document 72 Filed 08/03/21 Page 2 of 3

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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 28

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U.S.C. § 1915(b)(2).

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2.

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.

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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 (Todd Evans, # 47605) in the months

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

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

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

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attention of the Chief of Inmate Services for the Nevada Department of Corrections, P.O.

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Box 7011, Carson City, NV 89702.

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4.

The motion for an expert witness (ECF No. 70) is denied.

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5.

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

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a copy of Plaintiff’s First Amended Complaint (ECF No. 60) on the Office of the Attorney

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

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the docket sheet. This does not indicate acceptance of service.

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6.

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. 65), 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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Case 3:18-cv-00283-RCJ-WGC Document 72 Filed 08/03/21 Page 3 of 3

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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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8.

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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For the

information, Plaintiff shall provide the full name and address for the defendant(s).
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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.

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10.

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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This case is no longer stayed.

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DATED: August 3, 2021.

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UNITED STATES MAGISTRATE JUDGE
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