Lafferty v. Weiland et al

Filing 14

ORDER - IFP Application (ECF No. 1 ) is GRANTED. NDOC shall pay Clerk $350 filing fee from inmate account. Clerk shall send copy this order to to NDOC Inmate Services. (Email (NEF) to Finance; copy mailed to NDOC, 9/19/2022.) Clerk shall electronically SERVE a copy of this order and a copy of complaint (ECF No. 3 ) on the AG by adding the AG to the docket sheet. (E-service 9/19/2022; ECF No. 3 via NEF regeneration.) AG shall advise within 21 days of date of entry of th is order (10/10/2022) 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 Complaint due within sixty (60) days from the date of this order (11/18/2022). 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 9/19/2022. (Copies have been distributed pursuant to the NEF - DRM)

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Case 3:22-cv-00147-MMD-CSD Document 14 Filed 09/19/22 Page 1 of 3 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 CHARLES LAFFERTY, JR., Case No. 3:22-cv-00147-MMD-CSD Plaintiff, v. ORDER WEILAND, 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. 1). 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 June 1, 2022. (ECF No. 2). The screening 14 order imposed a stay, and the Court entered a subsequent order in which the parties were 15 assigned to mediation by a court-appointed mediator. (ECF Nos. 2, 5). The Office of the 16 Attorney General filed a motion requesting that the Court vacate the mediation conference 17 on the grounds that, based on Plaintiff’s demands, a mediation conference would not be 18 fruitful. (ECF Nos. 7). The Court granted the motion to vacate the mediation conference. 19 The Office of the Attorney General also filed a motion for leave to file documents under 20 seal (ECF No. 8), and the Court grants the motion. 21 For the foregoing reasons, IT IS ORDERED that: 22 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is 23 GRANTED. Plaintiff shall not be required to pay an initial installment of the filing fee. In 24 the event that this action is dismissed, the full filing fee must still be paid pursuant to 28 25 U.S.C. § 1915(b)(2). 26 2. The movant herein is permitted to maintain this action to conclusion without 27 the necessity of prepayment of any additional fees or costs or the giving of security 28 therefor. 1 Case 3:22-cv-00147-MMD-CSD Document 14 Filed 09/19/22 Page 2 of 3 3. 1 Pursuant to 28 U.S.C. § 1915, as amended by the Prison Litigation Reform 2 Act, the Nevada Department of Corrections will forward payments from the account of 3 Charles Lafferty, Jr., #1082009 to the Clerk of the United States District Court, District 4 of Nevada, 20% of the preceding month's deposits (in months that the account exceeds 5 $10.00) until the full $350 filing fee has been paid for this action. The Clerk of the Court 6 will send a copy of this order to the Finance Division of the Clerk’s Office. The Clerk will 7 send a copy of this order to the attention of Chief of Inmate Services for the Nevada 8 Department of Corrections, P.O. Box 7011, Carson City, NV 89702. 4. 9 The Clerk of the Court shall electronically SERVE a copy of this order and 10 a copy of Plaintiff’s complaint (ECF No. 3) on the Office of the Attorney General of the 11 State of Nevada by adding the Attorney General of the State of Nevada to the docket 12 sheet. This does not indicate acceptance of service. 5. 13 14 Service must be perfected within ninety (90) days from the date of this order pursuant to Fed. R. Civ. P. 4(m). 6. 15 Subject to the findings of the screening order (ECF No. 2), within twenty- 16 one (21) days of the date of entry of this order, the Attorney General’s Office shall file a 17 notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it 18 accepts service; (b) the names of the defendants for whom it does not accept service, 19 and (c) the names of the defendants for whom it is filing the last-known-address 20 information under seal. As to any of the named defendants for whom the Attorney 21 General’s Office cannot accept service, the Office shall file, under seal, but shall not serve 22 the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such 23 information. If the last known address of the defendant(s) is a post office box, the Attorney 24 General's Office shall attempt to obtain and provide the last known physical address(es). 7. 25 If service cannot be accepted for any of the named defendant(s), Plaintiff 26 shall file a motion identifying the unserved defendant(s), requesting issuance of a 27 summons, and specifying a full name and address for the defendant(s). 28 /// 2 For the Case 3:22-cv-00147-MMD-CSD Document 14 Filed 09/19/22 Page 3 of 3 1 defendant(s) as to which the Attorney General has not provided last-known-address 2 information, Plaintiff shall provide the full name and address for the defendant(s). 3 8. If the Attorney General accepts service of process for any named 4 defendant(s), such defendant(s) shall file and serve an answer or other response to the 5 complaint (ECF No. 3) within sixty (60) days from the date of this order. 6 9. Plaintiff shall serve upon defendant(s) or, if an appearance has been 7 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other 8 document submitted for consideration by the Court. 9 document with the Court’s electronic-filing system, no certificate of service is required. 10 Fed. R. Civ. P. 5(d)(1)(B); Nev. Loc. R. IC 4-1(b); Nev. Loc. R. 5-1. However, if Plaintiff 11 mails the document to the Court, Plaintiff shall include with the original document 12 submitted for filing a certificate stating the date that a true and correct copy of the 13 document was mailed to the defendants or counsel for the defendants. If counsel has 14 entered a notice of appearance, Plaintiff shall direct service to the individual attorney 15 named in the notice of appearance, at the physical or electronic address stated therein. 16 The Court may disregard any document received by a district judge or magistrate judge 17 which has not been filed with the Clerk, and any document received by a district judge, 18 magistrate judge, or the Clerk which fails to include a certificate showing proper service 19 when required. 20 21 22 23 24 25 26 10. If Plaintiff electronically files a The Defendants’ motion to file a document under seal (ECF No. 8) is GRANTED. 11. This case is no longer stayed. 19th day of September 2022. DATED THIS ___ UNITED STATES MAGISTRATE JUDGE 27 28 3

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