Miller v. Keast et al

Filing 10

ORDER - The IFP application (ECF No. 1 ) is granted. NDOC shall pay clerk from Inmate account until the full filing fee has been paid. Clerk is directed to send a copy of this order to the Finance, and NDOC Chief Inm ate Services. (Email (NEF) to Finance; and Emailed pdf to NDOC [e-mail] on 9/24/2024). Clerk shall SERVE this order and copy of the FAC (ECF No. 5 ) on AG by adding AG to docket. (E-service 9/24/2024; 5 Complaint v ia NEF regeneration.) Service must be perfected within ninety (90) days from the date of this order (12/23/2024.) Within twenty-one (21) days of the date of entry of this order (10/15/2024) AG shall file notice re acceptance of service, and file unde r seal addresses for Ds for which service not accepted. If service accepted, the answer due within sixty (60) days from the date of this order (11/23/2024). This case is no longer stayed. Signed by Magistrate Judge Craig S. Denney on 9/24/2024. (For Distribution by law library.)(Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Michael Miller,

Case No. 3:23-cv-00371-MMD-CSD
Plaintiff,

v.

ORDER

John Keast, 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. 1). 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 June 24, 2024. ECF No. 6). The screening

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order imposed a 90-day 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. 6, 8). The

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parties did not settle at mediation. (ECF No. 9).

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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. 1) is

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

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the 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.

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.

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

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forward payments from the account of MICHAEL MILLER, #1249108 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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The Clerk of the Court will electronically SERVE a copy of this order and a

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copy of Plaintiff’s first amended complaint (ECF No. 5) 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.

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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).
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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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first amended complaint (ECF No. 5) within 60 days from the date of this order.

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9.

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. LR IC 4-1(b); Nev. LR 5-1. But if Plaintiff mails the document to the Court,

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

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

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when required.

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10.

This case is no longer stayed.

DATED THIS 24th day of September 2024.

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UNITED STATES MAGISTRATE JUDGE

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