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. 1). 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 March 10, 2017. (ECF No.
4). A follow-up 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. 6, 9).
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.
has filed a motion for an enlargement of time to file an
amended complaint. (ECF No. 7). The Court denies the motion
as moot. However, Plaintiff may file an amended complaint in
accordance with Federal Rule of Civil Procedure 15.
foregoing reasons, IT IS ORDERED that:
Plaintiff's application to proceed in forma
pauperis (ECF No. 1) is GRANTED.
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.
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
(Dashaun Wright, #1126398), 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. 5) on
the Office of the Attorney General of the State of Nevada,
attention Traci Plotnick.
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 and the
follow-up order (ECF No. 4, 6), 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 address(es).
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 ...