Jones v. Russell et al

Filing 14

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 the Finance Division of the Clerk's Office. 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 finance and NDOC on 9/25/2024). The Clerk of the Court shall electronically SERVE a copy of this order and a copy of Plaintiff's first amended complaint (ECF No. 8 ) on the Office of the 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; NEF Regenerated for 6 to AG only on 9 /25/2024).Proof of service due by 12/24/2024.Within twenty-one (21) days of the date of entry of this order (10/16/2024), the Attorney General's Office shall file a notice advising the Court and Plaintiff of: (a) the names of the defenda nts 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. If the Attorney General accepts service of process for any named defendant(s), such defendant(s) shall file and serve an answer or other response to the complaint (ECF No. 6 ) within sixty (60) days from the date of this order (11/24/2024).This case is no longer stayed. Signed by Magistrate Judge Carla Baldwin on 9/25/2024. (For Distribution by law library.)(Copies have been distributed pursuant to the NEF - DLS)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 ROBERT EARL JONES, Case No. 3:23-cv-00342-ART-CLB Plaintiff, v. ORDER PERRY RUSSELL, et al., 7 Defendants. 8 9 This action began with a pro se civil rights complaint filed under 42 U.S.C. § 1983 10 by a state prisoner. Plaintiff has applied to proceed in forma pauperis. (ECF No. 3). Based 11 on the financial information provided, the Court finds that Plaintiff is unable to prepay the 12 full filing fee in this matter. 13 The Court entered a screening order on August 2, 2024. (ECF No. 10). The 14 screening order imposed a 90-day stay and the Court entered a subsequent order in 15 which the parties were assigned to mediation by a court-appointed mediator. (ECF 16 Nos. 10, 12). The parties did not settle at mediation. (ECF No. 13). 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 2. The movant herein is permitted to maintain this action to conclusion without 23 the necessity of prepayment of any additional fees or costs or the giving of security 24 therefor. 25 3. Pursuant to 28 U.S.C. § 1915, the Nevada Department of Corrections will 26 forward payments from the account of ROBERT E. JONES, #60418 to the Clerk of the 27 United States District Court, District of Nevada, 20% of the preceding month's deposits 28 (in months that the account exceeds $10) until the full $350 filing fee has been paid for 1 1 this action. The Clerk of the Court will send a copy of this order to (1) the Finance Division 2 of the Clerk’s Office and (2) the attention of Chief of Inmate Services for the Nevada 3 Department of Corrections at formapauperis@doc.nv.gov. 4 4. The Clerk of the Court will electronically SERVE a copy of this order and a 5 copy of Plaintiff’s first amended complaint (ECF No. 8) on the Office of the Attorney 6 General of the State of Nevada by adding the Attorney General of the State of Nevada to 7 the docket sheet. This does not indicate acceptance of service. 8 9 10 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. 10), within 21 days 11 of the date of entry of this order, the Attorney General’s Office will file a notice advising 12 the Court and Plaintiff of: (a) the names of the defendants for whom it accepts service; 13 (b) the names of the defendants for whom it does not accept service, and (c) the names 14 of the defendants for whom it is filing the last-known-address information under seal. As 15 to any of the named defendants for whom the Attorney General’s Office cannot accept 16 service, the Office will file, under seal, but will not serve the inmate Plaintiff the last known 17 address(es) of those defendant(s) for whom it has such information. If the last known 18 address of the defendant(s) is a post office box, the Attorney General's Office will attempt 19 to obtain and provide the last known physical address(es). 20 7. If service cannot be accepted for any of the named defendant(s), Plaintiff 21 will file a motion identifying the unserved defendant(s), requesting issuance of a 22 summons, and specifying a full name and address for the defendant(s). For the 23 defendant(s) as to which the Attorney General has not provided last-known-address 24 information, Plaintiff will provide the full name and address for the defendant(s). 25 8. If the Attorney General accepts service of process for any named 26 defendant(s), such defendant(s) will file and serve an answer or other response to the 27 first amended complaint (ECF No. 8) within 60 days from the date of this order. 28 2 1 9. Plaintiff will serve upon defendant(s) or, if an appearance has been entered 2 by counsel, upon their attorney(s), a copy of every pleading, motion or other document 3 submitted for consideration by the Court. If Plaintiff electronically files a document with 4 the Court’s electronic-filing system, no certificate of service is required. Fed. R. Civ. P. 5 5(d)(1)(B); Nev. LR IC 4-1(b); Nev. LR 5-1. But if Plaintiff mails the document to the Court, 6 Plaintiff will include with it a certificate stating the date that a true and correct copy of the 7 document was mailed to the defendants or counsel for the defendants. If counsel has 8 entered a notice of appearance, Plaintiff will direct service to the individual attorney 9 named in the notice of appearance, at the physical or electronic address stated therein. 10 The Court may disregard any document received by a district judge or magistrate judge 11 that has not been filed with the Clerk, and any document received by a district judge, 12 magistrate judge, or the Clerk that fails to include a certificate showing proper service 13 when required. 14 15 16 17 18 10. This case is no longer stayed. DATED THIS 25th day of September 2024. UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 3

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