Scott v. Michell

Filing 12

ORDER - IFP Application ECF No. [ 3 ] is GRANTED. NDOC shall pay Clerk $350 filing fee from inmate account. The Clerk shall SEND a copy of this order to the to the Finance Division of the Clerks Office. (Emailed on 7/3/2024). The Clerk will send a copy of this order to the attention of Chief of Inmate Services for the Nevada Department of Corrections at formapauperis@doc.nv.gov. (Emailed to NDOC on 7/3/2024). Clerk shall electronically SERVE a copy o f this order a copy of Plaintiff's complaint (ECF No. 7 ) on the AG by adding the AG to the docket sheet. (E-service 7/3/2024; complaint via NEF regeneration). Service must be perfected within ninety (90) days from the date of thi s order pursuant to Fed. R. Civ. P. 4(m). (Due by 9/30/2024) AG shall file notice re acceptance of service within twenty one (21) days of the date of entry of this order (7/23/2024) and file under seal addresses for Ds for which service not ac cepted. If AG accepts service, then answer due within sixty (60) days from the date of this order (Due by 8/31/2024). 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 Carla Baldwin on 7/2/2024. (For Distribution by law library.)(Copies have been distributed pursuant to the NEF - GA)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 JAMES EDWARD SCOTT, III, Case No. 3:23-cv-00269-MMD-CLB Plaintiff, v. ORDER MELISSA MICHELL, 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 applied to proceed in forma pauperis. (ECF No. 3). 11 Based on the financial information provided, the Court finds that Plaintiff is unable to 12 prepay the full filing fee in this matter. 13 The Court entered a screening order on April 1, 2024. (ECF No. 6). The screening 14 order imposed a 90-day stay and the Court entered a subsequent order in which the 15 parties were assigned to mediation by a court-appointed mediator. (ECF Nos. 6, 9). The 16 parties did not reach a settlement at the mediation conference. (ECF Nos. 10, 11). 17 For the foregoing reasons, IT IS ORDERED that: 18 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 3) is 19 GRANTED. Plaintiff will not be required to pay an initial installment of the filing fee. But in 20 the event that this action is dismissed, the full filing fee must still be paid under 28 U.S.C. 21 § 1915(b)(2). 22 23 24 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. 3. Under 28 U.S.C. § 1915, the Nevada Department of Corrections will forward 25 payments from the account of JAMES SCOTT, #1207166 to the Clerk of the United 26 States District Court, District of Nevada, 20% of the preceding month's deposits (in 27 months that the account exceeds $10) until the full $350 filing fee has been paid for this 28 action. The Clerk of the Court will send a copy of this order to (1) the Finance Division of 1 1 the Clerk’s Office and (2) the attention of Chief of Inmate Services for the Nevada 2 Department of Corrections at formapauperis@doc.nv.gov. 3 4. The Clerk of the Court will electronically SERVE a copy of this order and a 4 copy of Plaintiff’s complaint (ECF No. 7) on the Office of the Attorney General of the State 5 of Nevada by adding the Attorney General of the State of Nevada to the docket sheet. 6 This does not indicate acceptance of service. 7 8 9 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 10 of the entry date of this order, the Attorney General’s Office will file a notice advising the 11 Court and Plaintiff of: (a) the names of the defendants for whom it accepts service; (b) the 12 names of the defendants for whom it does not accept service, and (c) the names of the 13 defendants for whom it is filing the last-known-address information under seal. As to any 14 of the named defendants for whom the Attorney General’s Office cannot accept service, 15 the Office will file, under seal, but will not serve the inmate Plaintiff the last known 16 address(es) of those defendant(s) for whom it has such information. If the last known 17 address of the defendant(s) is a post office box, the Attorney General's Office will attempt 18 to obtain and provide the last known physical address(es). 19 7. If service cannot be accepted for any of the named defendant(s), Plaintiff 20 will file a motion identifying the unserved defendant(s), requesting issuance of a 21 summons, and specifying a full name and address for the defendant(s). For the 22 defendant(s) as to which the Attorney General has not provided last-known-address 23 information, Plaintiff will provide the full name and address for the defendant(s). 24 8. If the Attorney General accepts service of process for any named 25 defendant(s), such defendant(s) will file and serve an answer or other response to the 26 complaint (ECF No. 7) within 60 days from the date of this order. 27 28 9. Plaintiff will serve upon defendant(s) or, if an appearance has been entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document 2 1 submitted for consideration by the Court. If Plaintiff electronically files a document with 2 the Court’s electronic-filing system, no certificate of service is required. Fed. R. Civ. P. 3 5(d)(1)(B); Nev. Loc. R. IC 4-1(b); Nev. Loc. R. 5-1. But if Plaintiff mails the document to 4 the Court, Plaintiff will include with it a certificate stating the date that a true and correct 5 copy of the document was mailed to the defendants or counsel for the defendants. If 6 counsel has entered a notice of appearance, Plaintiff will direct service to the individual 7 attorney named in the notice of appearance, at the physical or electronic address stated 8 therein. The Court may disregard any document received by a district judge or magistrate 9 judge that has not been filed with the Clerk, and any document received by a district 10 judge, magistrate judge, or the Clerk which fails to include a certificate showing proper 11 service when required. 12 13 14 15 16 10. This case is no longer stayed. DATED THIS 2nd day of July 2024. UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 3

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