United States District Court, D. Nevada
action is a pro se civil rights amended 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 October 17, 2017. (ECF No.
16). A follow-up order imposed a 90-day stay. (ECF No. 18).
Plaintiff filed a motion to exclude the case from mediation.
(ECF No. 19). After holding a hearing, the Court granted the
motion. (ECF No. 25). This case now returns to the normal
also filed a motion to add defendants, acts of retaliation,
half-truths, lies, and fabrication of facts to be placed into
the public record. (ECF No. 22). Plaintiff references NRS
§ 239.330 and seeks to add the event described in the
motion to the current litigation. (Id. at 3). The
Court denies this motion. Plaintiff does not have the
authority to enforce NRS § 239.330, a criminal statute.
Additionally, to the extent that Plaintiff seeks to add a
claim to his amended complaint, Plaintiff must file a fully,
complete second amended complaint. The Court will not
piecemeal documents together to determine what allegations
Plaintiff seeks to raise in his complaint.
foregoing reasons, IT IS ORDERED that:
1. Plaintiff's application to proceed in forma
pauperis (ECF No. 1) 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
(Lonnie Lee Banark, #75288), 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,
4. The Clerk of the Court shall electronically
SERVE a copy of this order and a copy of
Plaintiff's amended complaint (ECF No. 17) 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 and
follow-up order (ECF No. 16, 18), 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
7. If 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
8. If 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 amended complaint within
sixty (60) days from the date of this order.
9. 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 ...