United States District Court, D. Nevada
J. KOPPE United States Magistrate Judge.
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.
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.
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.
foregoing reasons, IT IS ORDERED that:
Plaintiff's application to proceed in forma
pauperis (ECF No. 9) 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
(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,
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.
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 address(es).
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).
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 ...