United States District Court, D. Nevada
action is a pro se civil rights complaint filed
pursuant to 42 U.S.C. § 1983 by a state prisoner.
Plaintiff has submitted an application to proceed in
forma pauperis. (ECF No. 8). Based on the financial
information provided, the Court finds that Plaintiff is
unable to prepay the full filing fee in this matter.
Court entered a screening order on February 28, 2017. (ECF
No. 10). The screening order imposed a 90-day stay and the
Court entered a subsequent order in which the parties were
assigned to mediation by a court-appointed mediator. (ECF No.
10, 13). The Office of the Attorney General has filed a
status report indicating that settlement has not been reached
and informing the Court of its intent to proceed with this
action. (ECF No. 24).
also has filed two motions for appointment of counsel (ECF
No. 9, 26), a motion to deny Defendants' motion to
dismiss if one is forthcoming (ECF No. 18), a motion for
leave to file an amended complaint (ECF No. 21), and a motion
to demand jury trial (ECF No. 25). Defendants have filed a
motion to strike Plaintiff's affidavit (ECF No. 17) and a
motion to strike Plaintiff's motion to deny
Defendants' motion to dismiss if one is forthcoming (ECF
Court strikes all of the motions except for Plaintiff's
initial motion for appointment of counsel as being filed in
violation of the 90-day stay which explicitly stated that
“no other pleadings or papers shall be filed in this
case” during the stay. (ECF No. 10 at 5). A decision on
Plaintiff's initial motion for appointment of counsel
(ECF No. 9) is still deferred. (ECF No. 10 at 5).
Additionally, if Plaintiff seeks to file an amended
complaint, Plaintiff's amended complaint must contain all
claims, defendants, and factual allegations that Plaintiff
wishes to pursue in this lawsuit. The Court will not piece
meal Plaintiff's claims together. Plaintiff must also
file the amended complaint on this Court's approved
prisoner civil rights form and it must be entitled
“First Amended Complaint.” For the foregoing
reasons, IT IS ORDERED that:
Plaintiff's application to proceed in forma
pauperis (ECF No. 8) is GRANTED. Plaintiff shall not be
required to pay an initial installment of the filing fee. In
the event that this action is dismissed, the full filing fee
must still be paid pursuant to 28 U.S.C. § 1915(b)(2).
movant herein 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.
This order granting leave to proceed in forma
pauperis shall not extend to the issuance and/or service
of subpoenas at government expense.
Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada
Department of Corrections shall pay to the Clerk of the
United States District Court, District of Nevada, 20% of the
preceding month's deposits to Plaintiff's account
(Charles Newton, #1063241), in the months that the account
exceeds $10.00, until the full $350.00 filing fee has been
paid for this action. The Clerk of the Court shall SEND a
copy of this order to the Finance Division of the Clerk's
Office. The Clerk of the Court shall also SEND a copy of this
order to the attention of the Chief of Inmate Services for
the Nevada Department of Corrections, P.O. Box 7011, Carson
City, NV 89702.
Clerk of the Court shall electronically SERVE a copy of this
order and a copy of Plaintiff's complaint (ECF No. 11) on
the Office of the Attorney General of the State of Nevada,
attention Kat Howe.
Service must be perfected within ninety (90) days from the
date of this order pursuant to Fed.R.Civ.P. 4(m).
Subject to the findings of the screening order (ECF No. 10),
within twenty-one (21) days of the date of entry of this
order, the Attorney General's Office shall 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. As to any of the
named defendants for whom the Attorney General's Office
cannot accept service, the Office shall file, under
seal, but shall not serve the inmate Plaintiff the last
known address(es) of those defendant(s) for whom it has such
information. If the last known address of the defendant(s) is
a post office box, the Attorney General's Office shall
attempt to obtain and provide the last known physical
service cannot be accepted for any of the named defendant(s),
Plaintiff shall file a motion identifying the unserved
defendant(s), requesting issuance of a summons, and
specifying a full name and address for the defendant(s). For
the defendant(s) as to which the Attorney General has not
provided last-known-address information, Plaintiff shall
provide the full name and address for the
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 within sixty (60)
days from the date of this order.
Henceforth, Plaintiff shall 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 submitted for consideration by the Court. Plaintiff
shall include with the original document submitted for filing
a certificate stating the date that a true and correct copy
of the document was mailed or electronically filed to the
defendants or counsel for the defendants. If counsel has
entered a notice of appearance, Plaintiff shall direct
service to the individual attorney named in the notice of
appearance, at the physical or electronic address stated
therein. The Court may disregard any document received by a
district judge or magistrate judge which has not been filed
with the Clerk, and any document received by a district
judge, magistrate judge, or the Clerk which fails to include
a certificate showing proper service.
miscellaneous motions (ECF No. 18, 21, 22, 23, 25, 26) filed
in violation of ...