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Jackson v. Newton

United States District Court, D. Nevada

September 1, 2017

LIONELL JACKSON, Plaintiff,
v.
NEWTON, Defendants.

          ORDER

          NANCY J. KOPPE United States Magistrate Judge.

         This 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. 9). Based on the financial information provided, the Court finds that Plaintiff is unable to prepay the full filing fee in this matter.

         The Court entered a screening order on June 6, 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. 18).

         The Court denies Plaintiff's motion requesting the Office of the Attorney General to accept service on a former state employee. (ECF No. 15). This order addresses service.

         For the foregoing reasons, IT IS ORDERED that:

         1. Plaintiff's application to proceed in forma pauperis (ECF No. 9) 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).

         2. The 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.

         3. 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 (Lionell Jackson, #24069), 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.

         4. The 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 by adding the Attorney General of the State of Nevada to the docket sheet. This does not indicate acceptance of service.

         5. Service must be perfected within ninety (90) days from the date of this order pursuant to Fed.R.Civ.P. 4(m).

         6. 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 address(es).

         7. If service cannot be accepted for any of the named defendants), Plaintiff shall file a motion identifying the unserved defendants), requesting issuance of a summons, and specifying a full name and address for the defendants). For the defendants) as to which the Attorney General has not provided last-known-address information, Plaintiff shall provide the full name and address for the defendants).

         8. If the Attorney General accepts service of process for any named defendants), such defendants) shall file and serve an answer or other response to the complaint ...


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