Hamilton v. Nevada, State of et al

Filing 18

ORDER - Plaintiff's application to proceed in forma pauperis (ECF No. 1 ) is GRANTED. NDOC shall pay Clerk $350 filing fee from inmate account. Clerk shall SEND a copy of this order to Finance and to NDOC Inmate Servi ces (Email (NEF) to Finance; copy mailed to NDOC on 10/13/2020). Clerk shall electronically SERVE this Order and the Complaint (ECF No. 1 -1) upon AG (Electronic service to Meredith Beresford of the AG's Office on 10/13/2020; Complaint via NEF Regeneration). Service must be perfected within ninety (90) days from the date of this order. Subject to the findings of the Screening Order (ECF No. 3 ), within twenty-one (21) days of the date of entry of this order, AG shall file a notice regarding acceptance of service and file under seal the addresses for Defendants for which service is not accepted. Plaintiff shall file a motion regarding any unserved Defendants. If service is accepted, then the answer or other response to t he Complaint is due within sixty (60) days from the date of this order. Henceforth, Plaintiff shall serve Defendants 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 10/13/2020. (Copies have been distributed pursuant to the NEF - AB)

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Case 3:19-cv-00380-MMD-WGC Document 18 Filed 10/13/20 Page 1 of 3 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 GREGORY HAMILTON, 10 Case No. 3:19-cv-00380-MMD-WGC Plaintiff, ORDER v. 11 STATE OF NEVADA, et al., 12 Defendants. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 stay on April 2, 2020, and the Court entered a subsequent order in which the parties were assigned to mediation by a court-appointed mediator. (ECF No. 3, 8, 9). 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. 17). For the foregoing reasons, IT IS ORDERED that: 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is GRANTED. Plaintiff shall not be required to pay an initial installment of the filing fee. In 27 28 1 Case 3:19-cv-00380-MMD-WGC Document 18 Filed 10/13/20 Page 2 of 3 1 the event that this action is dismissed, the full filing fee must still be paid pursuant to 28 2 U.S.C. § 1915(b)(2). 3 2. The movant herein is permitted to maintain this action to conclusion without 4 the necessity of prepayment of any additional fees or costs or the giving of security 5 therefor. This order granting leave to proceed in forma pauperis shall not extend to the 6 issuance and/or service of subpoenas at government expense. 7 3. Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections 8 shall pay to the Clerk of the United States District Court, District of Nevada, 20% of the 9 preceding month’s deposits to Plaintiff’s account (Gregory Hamilton, # 21147), in the 10 months that the account exceeds $10.00, until the full $350.00 filing fee has been paid 11 for this action. The Clerk of the Court shall SEND a copy of this order to the Finance 12 Division of the Clerk’s Office. The Clerk of the Court shall also SEND a copy of this order 13 to the attention of the Chief of Inmate Services for the Nevada Department of Corrections, 14 P.O. Box 7011, Carson City, NV 89702. 15 4. The Clerk of the Court shall electronically SERVE a copy of this order and 16 a copy of Plaintiff’s complaint (ECF No. 1-1) on the Office of the Attorney General of the 17 State of Nevada by adding the Attorney General of the State of Nevada to the docket 18 sheet. This does not indicate acceptance of service. 19 20 21 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- 22 one (21) days of the date of entry of this order, the Attorney General’s Office shall file a 23 notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it 24 accepts service; (b) the names of the defendants for whom it does not accept service, 25 and (c) the names of the defendants for whom it is filing the last-known-address 26 information under seal. As to any of the named defendants for whom the Attorney 27 General’s Office cannot accept service, the Office shall file, under seal, but shall not serve 28 the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such 2 Case 3:19-cv-00380-MMD-WGC Document 18 Filed 10/13/20 Page 3 of 3 1 information. If the last known address of the defendant(s) is a post office box, the Attorney 2 General's Office shall attempt to obtain and provide the last known physical address(es). 3 7. If service cannot be accepted for any of the named defendant(s), Plaintiff 4 shall file a motion identifying the unserved defendant(s), requesting issuance of a 5 summons, and specifying a full name and address for the defendant(s). 6 defendant(s) as to which the Attorney General has not provided last-known-address 7 information, Plaintiff shall provide the full name and address for the defendant(s). 8 9 10 11 8. For the If the Attorney General accepts service of process for any named defendant(s), such defendant(s) shall file and serve an answer or other response to the complaint within sixty (60) days from the date of this order. 9. Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has 12 been entered by counsel, upon their attorney(s), a copy of every pleading, motion or other 13 document submitted for consideration by the Court. Plaintiff shall include with the original 14 document submitted for filing a certificate stating the date that a true and correct copy of 15 the document was mailed or electronically filed to the defendants or counsel for the 16 defendants. If counsel has entered a notice of appearance, Plaintiff shall direct service 17 to the individual attorney named in the notice of appearance, at the physical or electronic 18 address stated therein. The Court may disregard any document received by a district 19 judge or magistrate judge which has not been filed with the Clerk, and any document 20 received by a district judge, magistrate judge, or the Clerk which fails to include a 21 certificate showing proper service. 22 10. This case is no longer stayed. 23 DATED: October 13, 2020. 24 25 UNITED STATES MAGISTRATE JUDGE 26 27 28 3

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