United States District Court, D. Nevada
BRIT F. AUGBORNE, III, Plaintiff,
DOCTOR, et al., Defendants.
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. (ECF No. 6, 1-2). Based on the financial
information provided, the Court finds that Plaintiff is
unable to prepay the full filing fee in this matter.
November 7, 2018, the Court issued a screening order on the
first amended complaint finding that Plaintiff had stated
colorable claims for deliberate indifference in Counts 8 and
14. (ECF No. 12 at 24, 25). In that order the Court found
that Plaintiff had not stated a colorable claim for
deliberate indifference to serious medical needs in Count 4
and dismissed that claim. (Id. at 10, 23.) However,
due to a scrivener's error, the Court erroneously
informed Plaintiff that he could proceed on the portions of
Counts 4, 8, and 14 alleging
deliberate indifference to serious medical needs.
(Id. at 26).
December 12, 2018, the Court issued an order that imposed a
90-day stay so that the parties could enter into mediation
with a court-appointed mediator. (ECF No. 13). That order
repeated the scrivener's error from the previous order
and erroneously stated that the deliberate indifference claim
in Count 4 could proceed. (Id. at 1.)
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). Due to the scrivener's error, the Attorney General
also has filed a motion for clarification regarding which
claims are permitted to proceed. (ECF No. 21). The Court now
makes it clear that the only claims from the first amended
complaint that are permitted to proceed are the portions of
Counts 8 and 14 alleging deliberate indifference to serious
foregoing reasons, IT IS ORDERED that:
Plaintiff's application to proceed in forma
pauperis (ECF No. 1-2, 6) 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).
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.
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
(Brit F. Augborne, III, # 1145763), 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
Clerk of the Court shall electronically
SERVE a copy of this order and a copy of
Plaintiff's first amended complaint (ECF No. 11) 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.
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 the
Court's clarification in this order, 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 address(es).
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).
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.
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 ...