Scott v. Quigley et al

Filing 13

ORDER - Plaintiff's application to proceed in forma pauperis (ECF No. 3 ) is GRANTED. The Clerk of the Court will send a copy of this order to (1) the Finance Division of the Clerk's Office and (2) the attention of Chief of Inmat e Services for the Nevada Department of Corrections at [e-mail]. (Emailed 5/9/2024) The Clerk of the Court will electronically SERVE a copy of this order and a copy of Plaintiffs complaint (ECF No. 7) on the Office of th e Attorney General of the State of Nevada by adding the Attorney General of the State of Nevada to the docket sheet. (E-service of Order; 7 NEF Regenerated to AG Only) Service must be perfected within 90 days from the date of this order und er Federal Rule of Civil Procedure 4(m). Proof of service due by 8/7/2024. Within 21 days of the date of entry of this order (5/30/2024), the Attorney General's Office will file a notice advising the Court and Plaintiff of: (a ) the names of the defendants for whom it accepts service; (b) the names of the defendants for whom it does not accept service, and (c) the names of the defendants for whom it is filing the last-known-address information under seal. This case is no longer stayed. The Clerk of the Court will update the dockets to reflect that this action and the actions styled Scott v. Quigley, Case No. 3:23-cv-00258-ART-CLB; Scott v. Michell, 3:23-cv-00269-MMD-CLB; and Scott v. Quigley, 3:2 3-cv-00270-ART-CLB are related. The Clerk of the Court will further update the dockets to remove the notation that this action, Case No. 3:22-cv-00270-ART-CLB, and Case No. 3:22-cv-00258-ART-CLB are related, which is the product of typographical errors in the screening order. Signed by Magistrate Judge Carla Baldwin on 5/9/2024. (Copies have been distributed pursuant to the NEF - DLS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES EDWARD SCOTT, III,

Case No. 3:23-cv-00264-ART-CLB

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Plaintiff,
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ORDER

v.
QUIGLEY, et al.,

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Defendants.

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This action began with a pro se civil rights complaint filed under 42 U.S.C. § 1983

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by a state prisoner. Plaintiff has applied to proceed in forma pauperis. (ECF No. 3). Based

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on the financial information provided, the Court finds that Plaintiff is unable to prepay the

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full filing fee in this matter.

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The Court entered a screening order on March 5, 2024. (ECF No. 6). 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

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Nos. 6, 11). The parties did not reach a settlement at the mediation conference. (ECF

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No. 12).

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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. 3) is

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GRANTED. Plaintiff will not be required to pay an initial installment of the filing fee. In the

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event that this action is dismissed, the full filing fee must still be paid under 28 U.S.C.

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§ 1915(b)(2).

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2.

Plaintiff 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.
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Pursuant to 28 U.S.C. § 1915, the Nevada Department of Corrections will

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forward payments from the account of JAMES SCOTT, #1207166 to the Clerk of the

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United States District Court, District of Nevada, 20% of the preceding month’s deposits

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(in months that the account exceeds $10) until the full $350 filing fee has been paid for
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this action. The Clerk of the Court will send a copy of this order to (1) the Finance Division

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of the Clerk’s Office and (2) the attention of Chief of Inmate Services for the Nevada

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Department of Corrections at [e-mail].

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4.

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

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copy of Plaintiff’s complaint (ECF No. 7) on the Office of the Attorney General of the State

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

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This does not indicate acceptance of service.

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5.

Service must be perfected within 90 days from the date of this order under

Federal Rule of Civil Procedure 4(m).
6.

Subject to the findings of the screening order (ECF No. 6), within 21 days

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of the date of entry of this order, the Attorney General’s Office will file a notice advising

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the Court and Plaintiff of: (a) the names of the defendants for whom it accepts service;

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(b) the names of the defendants for whom it does not accept service, and (c) the names

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of the defendants for whom it is filing the last-known-address information under seal. As

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to any of the named defendants for whom the Attorney General’s Office cannot accept

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service, the Office will file, under seal, but will not serve the inmate Plaintiff the last known

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address(es) of those defendant(s) for whom it has such information. If the last known

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address of the defendant(s) is a post office box, the Attorney General's Office will attempt

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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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will 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). 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 will 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) will file and serve an answer or other response to the

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complaint (ECF No. 7) within 60 days from the date of this order.

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

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by counsel, upon their attorney(s), a copy of every pleading, motion or other document

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submitted for consideration by the Court. If Plaintiff electronically files a document with

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the Court’s electronic-filing system, no certificate of service is required. Fed. R. Civ. P.

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5(d)(1)(B); Nev. Loc. R. IC 4-1(b); Nev. Loc. R. 5-1. But if Plaintiff mails the document to

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the Court, Plaintiff will include with it a certificate stating the date that a true and correct

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copy of the document was mailed to the defendants or counsel for the defendants. If

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counsel has entered a notice of appearance, Plaintiff will direct service to the individual

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

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

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

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

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service when required.

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10.

This case is no longer stayed.

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11.

The Clerk of the Court will update the dockets to reflect that this action and

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the actions styled Scott v. Quigley, Case No. 3:23-cv-00258-ART-CLB; Scott v. Michell,

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3:23-cv-00269-MMD-CLB; and Scott v. Quigley, 3:23-cv-00270-ART-CLB are related.

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12.

The Clerk of the Court will further update the dockets to remove the notation

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that this action, Case No. 3:22-cv-00270-ART-CLB, and Case No. 3:22-cv-00258-ART-

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CLB are related, which is the product of typographical errors in the screening order.

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DATED THIS 9th day of May 2024.

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UNITED STATES MAGISTRATE JUDGE
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