United States District Court, D. Nevada
MIRANDA M. DU UNITED STATES DISTRICT JUDGE
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 September 26, 2017. (ECF
No. 11). 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.
16, 18). 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. 20).
October 2017, Plaintiff filed identical motions for temporary
restraining order and preliminary injunction (ECF No. 13, 14)
to prevent the spoliation of audio and video recordings of
his disciplinary hearings. (ECF No. 13 at 2-3.) Plaintiff
asserts that, without that evidence, he would be able to
litigate his case and win but the spoliation of that evidence
could affect his punitive damages award. (Id.) The
Court denies the motions because Plaintiff has not
established that he would suffer irreparable harm in the
absence of preliminary relief. Federal Rule of Civil Procedure
37(e) addresses spoliation of electronically stored
information and provides sanctions against an offending party
including a finding that the spoiled evidence was unfavorable
to that party. As such, the Court denies the motions for
injunctive relief (ECF No. 13, 14).
foregoing reasons, it is ordered that:
Plaintiff's application to proceed in forma
pauperis (ECF No. 1) is granted. Plaintiff will 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 will 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
(Richard Weddle, #85306), 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 will send a copy
of this order to the Finance Division of the Clerk's
Office. The Clerk of the Court will 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 will electronically serve a copy of this
order and a copy of Plaintiff's amended complaint (ECF
No. 10) 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 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 follow-up
order (ECF No. 11, 16), within twenty-one (21) days of the
date of entry of this order, the Attorney General's
Office must 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 must
file, under seal, but will 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 must attempt to obtain and provide the last known
service cannot be accepted for any of the named defendant(s),
Plaintiff mustl 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 defendant(s).
the Attorney General accepts service of process for any named
defendant(s), such defendant(s) must file and serve an answer
or other response to the amended complaint within sixty (60)
days from the date of this order.
Henceforth, Plaintiff must 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
must 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 must 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