Caballero v. Lewis et al

Filing 29

ORDER - IFP Application (ECF No. 4 ) is GRANTED. NDOC shall pay Clerk $350 filing fee from inmate account. Clerk shall SEND copy this order to Finance, and to to NDOC Inmate Services. (Email (NEF) to Finance; copy mailed to NDOC, 1/1 8/2023.) Clerk shall electronically SERVE a copy of this order and a copy of Plaintiff's FAC (ECF No. 10 ) on the AG by adding the AG to the docket sheet. (E-service 1/18/2023; FAC via NEF regeneration.) AG shall advise within 21 days of date of entry of this order (2/8/2023) re acceptance of service; and file under seal addresses for Ds for which service not accepted. P shall file a motion re unserved Ds. If AG accepts service then answer to FAC due within sixty (60) days f rom the date of this order (3/18/2023). Henceforth P shall serve Ds or Ds' counsel a copy of every pleading submitted for consideration, together with a certificate of service. This case is no longer stayed. Signed by Magistrate Judge Craig S. Denney on 1/17/2023. (Copies have been distributed pursuant to the NEF - DRM)

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Case 3:21-cv-00039-MMD-CSD Document 29 Filed 01/17/23 Page 1 of 3 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 EMMANUEL CABALLERO, Case No. 3:21-cv-00039-MMD-CSD Plaintiff, v. ORDER DR. VERNE E. LEWIS, et al., 7 Defendants. 8 9 This action began with a pro se civil rights complaint filed pursuant to 42 U.S.C. § 10 1983 by a state prisoner. Plaintiff has submitted an application to proceed in forma 11 pauperis. (ECF No. 4.) Based on the financial information provided, the Court finds that 12 Plaintiff is unable to prepay the full filing fee in this matter. 13 The Court entered a screening order on March 29, 2022. (ECF No. 9.) The 14 screening order imposed a stay and the Court entered a subsequent order in which the 15 parties were assigned to mediation by a court-appointed mediator. (ECF Nos. 9, 12.) 16 The Office of the Attorney General has filed a status report indicating that settlement has 17 not been reached and informing the Court of its intent to proceed with this action. (ECF 18 No. 28.) 19 For the foregoing reasons, IT IS ORDERED that: 20 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 4) is 21 GRANTED. Plaintiff shall not be required to pay an initial installment of the filing fee. In 22 the event that this action is dismissed, the full filing fee must still be paid pursuant to 28 23 U.S.C. § 1915(b)(2). 24 2. The movant herein is permitted to maintain this action to conclusion without 25 the necessity of prepayment of any additional fees or costs or the giving of security 26 therefor. 27 3. 28 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 3:21-cv-00039-MMD-CSD Document 29 Filed 01/17/23 Page 2 of 3 1 Emmanuel Caballero, #1135573 to the Clerk of the United States District Court, District 2 of 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. 4. 7 The Clerk of the Court shall electronically SERVE a copy of this order and 8 a copy of Plaintiff’s amended complaint (ECF No. 10) on the Office of the Attorney 9 General of the State of Nevada by adding the Attorney General of the State of Nevada to 10 the docket sheet. This does not indicate acceptance of service. 5. 11 12 Service must be perfected within ninety (90) days from the date of this order pursuant to Fed. R. Civ. P. 4(m). 6. 13 Subject to the findings of the screening order (ECF No. 9), 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). 7. 23 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 3:21-cv-00039-MMD-CSD Document 29 Filed 01/17/23 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 amended complaint (ECF No. 10) 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 17th day of January 2023. UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 3

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