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Mizzoni v. State
United States District Court, D. Nevada
July 27, 2018
JOSEPH MIZZONI, Plaintiff,
STATE OF NEVADA, et al., Defendants.
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 and an amended application to proceed
in forma pauperis. (ECF Nos. 1, 5). Based on the
financial information provided, the Court finds that
Plaintiff is unable to prepay the full filing fee in this
Court entered a screening order on April 27, 2018. (ECF No.
2). 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 Nos. 2, 6).
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.
foregoing reasons, IT IS ORDERED that:
1. Plaintiff's application to proceed in forma
pauperis (ECF Nos. 1, 5) 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
(Joseph Mizzoni, #68549), 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
4. The Clerk of the Court shall electronically
SERVE a copy of this order and a copy of
Plaintiff's complaint (ECF No. 3) 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.
2), 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 defendant(s).
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 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 ...
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