Blanco v. Jacoby et al

Filing 9

ORDER granting ECF No. 1 IFP application - NDOC to pay Clerk from inmate account (copy of order sent to Finance and NDOC Chief of Inmate Services); directing Clerk to e-serve this order and ECF No. 5 Complaint on the NV AG (NEFs sent 2/16 /2021); directing AG to advise Court and Plaintiff within 21 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 2/16/2021. (Copies have been distributed pursuant to the NEF - KR)

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Case 3:20-cv-00050-MMD-WGC Document 9 Filed 02/16/21 Page 1 of 3 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 MICHELL BLANCO, Case No. 3:20-cv-00050-MMD-WGC Plaintiff, 5 v. 6 ORDER JACOBY, et al., 7 Defendants. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This action began with a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state prisoner. 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 entered a screening order on November 16, 2020. (ECF No. 4). The screening order imposed a 90-day stay and the Court entered a subsequent order in which the parties were assigned to mediation by a court-appointed mediator. (ECF Nos. 4, 6). An early mediation conference was held but no settlement was reached. (ECF No. 8). 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 the event that this action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. § 1915(b)(2). 2. The movant herein is permitted to maintain this action to conclusion without the necessity of prepayment of any additional fees or costs or the giving of security therefor. This order granting leave to proceed in forma pauperis shall not extend to the issuance and/or service of subpoenas at government expense. 3. Pursuant to 28 U.S.C. § 1915, as amended by the Prison Litigation Reform Act, the Nevada Department of Corrections will forward payments from the account of 1 Case 3:20-cv-00050-MMD-WGC Document 9 Filed 02/16/21 Page 2 of 3 1 Michell, Blanco, # 20768, to the Clerk of the United States District Court, District of 2 Nevada, 20% of the preceding month's deposits (in months that the account exceeds 3 $10.00) until the full $350 filing fee has been paid for this action. The Clerk of the Court 4 will send a copy of this order to the Finance Division of the Clerk’s Office. The Clerk will 5 send a copy of this order to the attention of Chief of Inmate Services for the Nevada 6 Department of Corrections, P.O. Box 7011, Carson City, NV 89702. 7 4. The Clerk of the Court shall electronically SERVE a copy of this order and 8 a copy of Plaintiff’s complaint (ECF No. 5) on the Office of the Attorney General of the 9 State of Nevada by adding the Attorney General of the State of Nevada to the docket 10 11 12 13 sheet. This does not indicate acceptance of service. 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. 4), within twenty- 14 one (21) days of the date of entry of this order, the Attorney General’s Office shall file a 15 notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it 16 accepts service; (b) the names of the defendants for whom it does not accept service, 17 and (c) the names of the defendants for whom it is filing the last-known-address 18 information under seal. As to any of the named defendants for whom the Attorney 19 General’s Office cannot accept service, the Office shall file, under seal, but shall not serve 20 the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such 21 information. If the last known address of the defendant(s) is a post office box, the Attorney 22 General's Office shall attempt to obtain and provide the last known physical address(es). 23 7. If service cannot be accepted for any of the named defendant(s), Plaintiff 24 shall file a motion identifying the unserved defendant(s), requesting issuance of a 25 summons, and specifying a full name and address for the defendant(s). 26 defendant(s) as to which the Attorney General has not provided last-known-address 27 information, Plaintiff shall provide the full name and address for the defendant(s). 28 2 For the Case 3:20-cv-00050-MMD-WGC Document 9 Filed 02/16/21 Page 3 of 3 1 8. If the Attorney General accepts service of process for any named 2 defendant(s), such defendant(s) shall file and serve an answer or other response to the 3 complaint (ECF No. 5) within sixty (60) days from the date of this order. 4 9. Plaintiff shall serve upon defendant(s) or, if an appearance has been 5 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other 6 document submitted for consideration by the Court. 7 document with the Court’s electronic-filing system, no certificate of service is required. 8 Fed. R. Civ. P. 5(d)(1)(B); Nev. Loc. R. IC 4-1(b); Nev. Loc. R. 5-1. However, if Plaintiff 9 mails the document to the Court, Plaintiff shall include with the original document 10 submitted for filing a certificate stating the date that a true and correct copy of the 11 document was mailed to the defendants or counsel for the defendants. If counsel has 12 entered a notice of appearance, Plaintiff shall direct service to the individual attorney 13 named in the notice of appearance, at the physical or electronic address stated therein. 14 The Court may disregard any document received by a district judge or magistrate judge 15 which has not been filed with the Clerk, and any document received by a district judge, 16 magistrate judge, or the Clerk which fails to include a certificate showing proper service 17 when required. 18 19 20 21 22 10. If Plaintiff electronically files a This case is no longer stayed. DATED THIS 16th day of February 2021. UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 3

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