United States District Court, D. Nevada
MIRANDA M. DU UNITED STATES DISTRICT JUDGE
action began with a pro se civil rights complaint filed under
42 U.S.C. § 1983 by a person in the custody of the
Nevada Department of Corrections. 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 imposed a 90-day stay on February 26, 2019, and the
Court entered a subsequent order extending the stay. (ECF No.
9, 13.) The Court has now vacated the inmate early mediation
conference. (ECF No. 15.) In light of that order, the Court
will lift the stay so the action may proceed.
foregoing reasons, it is ordered that:
Plaintiff's application to proceed in forma
pauperis (ECF No. 1) is granted.
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.
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 will 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 is instructed to
send a copy of this order to the Finance Division of the
Clerk's Office. The Clerk of the Court also is instructed
to 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 is instructed to electronically serve a
copy of this order and a copy of Plaintiff's second
amended complaint (ECF No. 7) 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 90 days from the date of
this order pursuant to Fed.R.Civ.P. 4(m).
Subject to the findings of the screening order (ECF No. 9),
within 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 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 physical address(es).
service cannot be accepted for any of the named defendant(s),
Plaintiff must 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 must
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 complaint within 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