United States District Court, D. Nevada
February 27, 2019, the Court issued a screening order
permitting some claims to proceed, dismissing some claims
with prejudice, and dismissing other claims with leave to
amend. (ECF No. 11 at 12-13). The Court granted Plaintiff 30
days from the date of that order to file a second amended
complaint curing the deficiencies of the amended complaint.
(Id. at 13). The Court specifically stated that if
Plaintiff chose not to file a second amended complaint, the
action would proceed on count II-First Amendment incoming
mail violations against defendants Parkerson and Piccinini
and count III-First Amendment incoming mail violations
against defendant Parkerson only. (Id. at 13-14).
Plaintiff has not filed a second amended complaint. Pursuant
to the screening order, this action will proceed on count
II-First Amendment incoming mail violations against
defendants Parkerson and Piccinini and count III-First
Amendment incoming mail violations against defendant
foregoing reasons, IT IS ORDERED that, pursuant to the
Court's screening order (ECF No. 11), this action will
proceed on count II-First Amendment incoming mail violations
against defendants Parkerson and Piccinini and count
III-First Amendment incoming mail violations against
defendant Parkerson only.
FURTHER ORDERED that given the nature of the claim(s) that
the Court has permitted to proceed, this action is STAYED for
90 days to allow Plaintiff and Defendant(s) an opportunity to
settle their dispute before the $350.00 filing fee is paid,
an answer is filed, or the discovery process begins. During
this 90-day stay period, no other pleadings or papers will be
filed in this case, and the parties will not engage in any
discovery, nor are the parties required to respond to any
paper filed in violation of the stay unless specifically
ordered by the court to do so. The Court will refer this case
to the Court's Inmate Early Mediation Program, and the
Court will enter a subsequent order. Regardless, on or before
90 days from the date this order is entered, the Office of
the Attorney General will file the report form attached to
this order regarding the results of the 90-day stay, even if
a stipulation for dismissal is entered prior to the end of
the 90-day stay. If the parties proceed with this action, the
Court will then issue an order setting a date for Defendants
to file an answer or other response. Following the filing of
an answer, the Court will issue a scheduling order setting
discovery and dispositive motion deadlines.
FURTHER ORDERED that “settlement” may or may not
include payment of money damages. It also may or may not
include an agreement to resolve Plaintiff's issues
differently. A compromise agreement is one in which neither
party is completely satisfied with the result, but both have
given something up and both have obtained something in
FURTHER ORDERED that if the case does not settle, Plaintiff
will be required to pay the full $350.00 filing fee. This fee
cannot be waived. If Plaintiff is allowed to proceed in
forma pauperis, the fee will be paid in installments
from his prison trust account. 28 U.S.C. § 1915(b). If
Plaintiff is not allowed to proceed in forma
pauperis, the $350.00 will be due immediately.
FURTHER ORDERED that if any party seeks to have this case
excluded from the inmate mediation program, that party will
file a “motion to exclude case from mediation” on
or before 21 days from the date of this order. The responding
party will have 7 days to file a response. No. reply will be
filed. Thereafter, the Court will issue an order, set the
matter for hearing, or both.
FURTHER ORDERED that the Clerk of the Court will
electronically SERVE a copy of this order, the original
screening order (ECF No. 11) and a copy of Plaintiffs amended
complaint (ECF No. 12) 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 the Attorney General's Office will
advise the Court within 21 days of the date of the entry of
this order whether it will enter a limited notice of
appearance on behalf of Defendants for the purpose of
settlement. No. defenses or objections, including lack of
service, will be waived as a result of the filing of the
limited notice of appearance.
OF ATTORNEY GENERAL RE: RESULTS OF 90-DAY STAY
ONLY THE OFFICE OF THE ATTORNEY GENERAL SHALL FILE THIS FORM.
THE INMATE PLAINTIFF SHALL NOT FILE THIS FORM.
__[the date of the issuance of the screening order],
the Court issued its screening order stating that it had
conducted its screening pursuant to 28 U.S.C. § 1915A,
and that certain specified claims in this case would proceed.
The Court ordered the Office of the Attorney General of the
State of Nevada to file a report ninety (90) days after the
date of the entry of the Court's screening order to
indicate the status of the case at the end of the 90-day
stay. By filing this form, the Office of the Attorney General