Smith v. Daniels et al

Filing 10

ORDER - ECF No. 1 IFP Application is GRANTED. NDOC shall pay clerk from inmate account. The Clerk of the Court will send a copy of this Order to Finance, and to NDOC. (Email (NEF) to Finance; copy emailed to NDOC on 6/7/2021.) Clerk s hall SERVE AG this order and ECF No. 4 complaint (E-service 6/7/2021; Complaint via NEF regeneration.) AG shall file notice re acceptance of service within twenty-one (21) days of the date of entry of this order (6/28/2021); and file under seal addresses for Ds for which service not accepted. P must file motion re unserved Ds. If service accepted then answer/response to complaint due by 8/6/2021. 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 6/7/2021. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JACOB SMITH,

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Case No. 3:20-cv-00299-MMD-WGC
Plaintiff,

v.

ORDER

CHARLES DANIELS, et al.,
Defendants.

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This action began with a pro se civil rights complaint filed pursuant to 42 U.S.C. §

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1983 by a state prisoner. Plaintiff has submitted an application to proceed in forma

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pauperis. (ECF No. 1). Based on the financial information provided, the Court finds that

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Plaintiff is unable to prepay the full filing fee in this matter.

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The Court entered a screening order on March 26, 2021. (ECF No. 3). The

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screening order imposed a 90-day stay and the Court entered a subsequent order in

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which the parties were assigned to mediation by a court-appointed mediator. (ECF Nos.

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3, 6). The Office of the Attorney General filed a motion requesting to exclude this case

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from mediation on the grounds that settlement discussions would be fruitless, and the

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Court granted the motion. (ECF Nos. 7, 8).

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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).
2.

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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. This order granting leave to proceed in forma pauperis shall not extend to the

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issuance and/or service of subpoenas at government expense.

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3.

Pursuant to 28 U.S.C. § 1915, as amended by the Prison Litigation Reform

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Act, the Nevada Department of Corrections will forward payments from the account of

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Jacob Smith, # 53917 to the Clerk of the United States District Court, District of Nevada,

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20% of the preceding month's deposits (in months that the account exceeds $10.00) until

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the full $350 filing fee has been paid for this action. The Clerk of the Court will send a

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copy of this order to the Finance Division of the Clerk’s Office. The Clerk will send a copy

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of this order to the attention of Chief of Inmate Services for the Nevada Department

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of Corrections, P.O. Box 7011, Carson City, NV 89702.

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4.

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

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a copy of Plaintiff’s complaint (ECF No. 4) on the Office of the Attorney General of the

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

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sheet. This does not indicate acceptance of service.

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5.

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. 3), 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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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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7.

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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For the

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defendant(s) as to which the Attorney General has not provided last-known-address

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

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8.

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 (ECF No. 4) within sixty (60) days from the date of this order.

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9.

Plaintiff shall serve upon defendant(s) or, if an appearance has been

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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.

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document with the Court’s electronic-filing system, no certificate of service is required.

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Fed. R. Civ. P. 5(d)(1)(B); Nev. Loc. R. IC 4-1(b); Nev. Loc. R. 5-1. However, if Plaintiff

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mails the document to the Court, Plaintiff shall include with the original document

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submitted for filing a certificate stating the date that a true and correct copy of the

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document was mailed to the defendants or counsel for the defendants. If counsel has

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entered a notice of appearance, Plaintiff shall direct service to the individual attorney

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named in the notice of appearance, at the physical or electronic address stated therein.

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The Court may disregard any document received by a district judge or magistrate judge

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which has not been filed with the Clerk, and any document received by a district judge,

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magistrate judge, or the Clerk which fails to include a certificate showing proper service

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when required.

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10.

If Plaintiff electronically files a

This case is no longer stayed.

DATED THIS 7th day of June 2021.
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UNITED STATES MAGISTRATE JUDGE

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