United States District Court, D. Nevada
MIRANDA M. DU UNITED STATES DISTRICT JUDGE
action is a pro se civil rights first 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 November 13, 2017. (ECF
No. 4). 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.
4, 13). The Office of the Attorney General has filed status
reports indicating that settlement has not been reached and
informing the Court of its intent to proceed with this
action. (ECF No. 17, 18).
to the order scheduling the inmate mediation, Plaintiff filed
a motion for emergency injunction. (ECF No. 10.) Based on the
motion, after Plaintiff transferred prisons, he did not
receive his legal materials with sufficient time to consider
whether he should opt out of the inmate early mediation.
(Id. at 4.) Specifically, Plaintiff only had
“an 18-day time period to consider opting out of the
Early Inmate Mediation Program.” (Id.)
Court denies the motion for emergency
injunction. Plaintiff did not establish that he was
likely to suffer irreparable harm by only having 18 days to
decide if he should participate in the inmate early
Court denies the motion for request of service on ECF No. 10
and 12, but grants Plaintiff's request for a copy of the
docket sheet. (ECF No. 15).
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). 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 will not extend to the
issuance and/or service of subpoenas at government expense.
further ordered that, 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 (John Quintero, #93782), 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. /// It is
further ordered that the Clerk of the Court electronically
serve a copy of this order and a copy of Plaintiff's
first amended complaint (ECF No. 3, 3-1, 3-2) 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.
further ordered that service must be perfected within ninety
(90) days from the date of this order pursuant to
further ordered that, subject to the findings of the
screening order (ECF No. 4), 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
further ordered that, 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
further ordered that, if 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 first
amended complaint within sixty (60) days from the date of
this order. /// It is further ordered that, 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 will 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
which has not been filed with the Clerk, and any document
received by a district judge, magistrate judge, or the Clerk
which fails to include a certificate showing proper service.
further ordered that this case is no longer stayed.
further ordered that the motion for emergency injunction ...