Caballero v. Lewis et al
Filing
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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)
Case 3:21-cv-00039-MMD-CSD Document 29 Filed 01/17/23 Page 1 of 3
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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EMMANUEL CABALLERO,
Case No. 3:21-cv-00039-MMD-CSD
Plaintiff,
v.
ORDER
DR. VERNE E. LEWIS, et al.,
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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. 4.) 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 29, 2022. (ECF No. 9.) The
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screening order imposed a stay and the Court entered a subsequent order in which the
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parties were assigned to mediation by a court-appointed mediator. (ECF Nos. 9, 12.)
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The Office of the Attorney General has filed a status report indicating that settlement has
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not been reached and informing the Court of its intent to proceed with this action. (ECF
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No. 28.)
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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. 4) 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).
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2.
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.
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3.
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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
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Case 3:21-cv-00039-MMD-CSD Document 29 Filed 01/17/23 Page 2 of 3
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Emmanuel Caballero, #1135573 to the Clerk of the United States District Court, District
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of Nevada, 20% of the preceding month's deposits (in months that the account exceeds
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$10.00) until the full $350 filing fee has been paid for this action. The Clerk of the Court
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will send a copy of this order to the Finance Division of the Clerk’s Office. The Clerk will
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send a copy of this order to the attention of Chief of Inmate Services for the Nevada
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Department of Corrections, P.O. Box 7011, Carson City, NV 89702.
4.
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The Clerk of the Court shall electronically SERVE a copy of this order and
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a copy of Plaintiff’s amended complaint (ECF No. 10) on the Office of the Attorney
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General of the State of Nevada by adding the Attorney General of the State of Nevada to
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the docket sheet. This does not indicate acceptance of service.
5.
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Service must be perfected within ninety (90) days from the date of this order
pursuant to Fed. R. Civ. P. 4(m).
6.
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Subject to the findings of the screening order (ECF No. 9), 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).
7.
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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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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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///
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For the
Case 3:21-cv-00039-MMD-CSD Document 29 Filed 01/17/23 Page 3 of 3
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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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amended complaint (ECF No. 10) 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 17th day of January 2023.
UNITED STATES MAGISTRATE JUDGE
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