Langford v. Dzurenda et al

Filing 32

ORDERED that Plaintiff's "Motion to Request Waiver of Filing Fees" (ECF No. 31 ) is DENIED. Signed by Magistrate Judge William G. Cobb on 11/18/2021. (Copies have been distributed pursuant to the NEF - DRM) Modified on 11/18/2021 to correct title of order (HJ).

Case 3:19-cv-00009-RCJ-WGC Document 32 Filed 11/18/21 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JUSTIN ODELL LANGFORD,

)
)
Plaintiff,
)
vs.
)
)
JAMES DZURENDA, et al.,
)
)
Defendants.
)
____________________________________ )

3:19-cv-00009-RCJ-WGC
MINUTES OF THE COURT
November 18, 2021

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KAREN WALKER

REPORTER:

NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is Plaintiff’s “Motion to Request Waiver of Filing Fees” (ECF No. 31).
Plaintiff states that his case “did not proceed to mediation” and requests the court enter “an order
waiving the $350 filing fee and ordering the Nevada Department of Corrections to remove said
$350 filing fee from his account” (Id. at 2.)
On July 24, 2020, the court entered its screening order dismissing Plaintiff’s first amended
complaint “in its entirety, with prejudice, as amendment would be futile.” The screening order
also stated:
For the foregoing reasons, it is ordered that Plaintiff’s application to proceed
in forma pauperis (ECF No. 1) without having to prepay the full filing fee is
granted. Plaintiff shall not be required to pay an initial installment fee.
Nevertheless, the full filing fee shall still be due, pursuant to 28 U.S.C. §
1915, as amended by the Prison Litigation Reform Act. The movant herein is
permitted to maintain this action to conclusion without the necessity of
prepayment of fees or costs or the giving of security therefor. This order
granting in forma pauperis status shall not extend to the issuance and/or
service of subpoenas at government expense.

Case 3:19-cv-00009-RCJ-WGC Document 32 Filed 11/18/21 Page 2 of 2

MINUTES OF THE COURT
3:19-cv-00009-RCJ-WGC
November 18, 2021
Page 2
________________________________/
It is further ordered that, pursuant to 28 U.S.C. § 1915, as amended by the
Prison Litigation Reform Act, the Nevada Department of Corrections shall
pay to the Clerk of the United States District Court, District of Nevada, 20%
of the preceding month's deposits to the account of Justin Odell Langford,
#1159546 (in months that the account exceeds $10.00) until the full $350
filing fee has been paid for this action. The Clerk of the Court shall send a
copy of this order to the Finance Division of the Clerk’s Office. The Clerk
shall send a copy of this order to the attention of Chief of Inmate Services
for the Nevada Department of Prisons, P.O. Box 7011, Carson City, NV
89702.
It is further ordered that, even if this action is dismissed, or is otherwise
unsuccessful, the full filing fee shall still be due, pursuant to 28 U.S.C. §1915,
as amended by the Prison Litigation Reform Act.
(ECF No. 13 at 7, 8.)
Although the court is aware that this case was remanded by the Ninth Circuit and did not
proceed to early mediation, the court has no mechanism to reimburse Plaintiff as the full filing fee
must be paid pursuant to 28 U.S.C. § 1915(b)(2).
Plaintiff’s “Motion to Request Waiver of Filing Fees” (ECF No. 31) is DENIED.
The parties should be aware of the following:
1. That they may file, pursuant to 28 U.S.C. §636 (b)(1)(A) and Rule IB 3-1 of the
Local Rules of Practice, specific written objections to the court’s order within
fourteen (14) days after service of these minutes of proceedings. These objections
should be titled “Objections to Magistrate Judge’s Order” and should be
accompanied by points and authorities for consideration by the District Court.
2. That this Order is not an appealable order and that any notice of appeal pursuant to
Rule 4(a)(1), Fed. R. App. P., should not be filed until entry of the District Court’s
judgment.
IT IS SO ORDERED.

DEBRA K. KEMPI, CLERK
By: _______/s/_____________
Deputy Clerk