United States District Court, D. Nevada
KENTRELL D. WELCH, Plaintiff
MICHAEL MINOR et al., Defendants
ORDER GRANTING IFP APPLICATION, DIRECTING SERVICE,
AND AND DENYING REMAINING MOTIONS [ECF NOS. 1, 14,
Jennifer A. Dorsey, U.S. District Judge
state prisoner, Kentrell D. Welch, brings this civil-rights
action under 42 U.S.C. § 1983 to redress constitutional
violations he claims he suffered or continues to suffer
inside Nevada's prisons. Plaintiff applies to proceed
in forma pauperis. Based on the financial
information provided, I find that he is unable to prepay the
full filing fee in this matter, and I grant his application.
6, 2019,  the court screened plaintiff's
complaint and stayed this case for mediation. The Office of
the Attorney General has filed a status report indicating
that settlement was not reached and informing the Court of
its intent to proceed with this case. I thus lift the stay and
direct service of the complaint so that this case may move
that stay was in place, plaintiff filed a motion for summary
judgment and to enjoin all similar dental lawsuits against
the Nevada Department of Corrections. These motions are denied
because they were filed during the stay and before any
defendant was served.
THEREFORE ORDERED that the application to proceed in
forma pauperis without having to prepay the filing fee
[ECF No. 1] is GRANTED. Plaintiff need
not pay an initial installment fee, prepay fees or costs or
provide security for fees or costs, but he is still required
to pay the full $350 filing fee under 28 U.S.C. § 1915,
as amended. This full filing fee will remain due and owing
even if this case is dismissed or otherwise unsuccessful.
order to ensure that petitioner pays the full filing fee, IT
IS FURTHER ORDERED that the Nevada Department of Corrections
must pay to the Clerk of the United States District Court,
District of Nevada, 20% of the preceding month's deposits
to the account of (Kentrell D. Welch,
#1030777), (in months that the account exceeds
$10.00) until the full $350 filing fee has been paid for this
action. The Clerk is directed to SEND a copy of this order to
the attention of Chief of Inmate Services for the
Nevada Department of Prisons, P.O. Box 7011, Carson
City, NV 89702.
FURTHER ORDERED that the Clerk of the Court is
directed to electronically SERVE a copy of this
order and a copy of the complaint [ECF No. 9] 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 90 days
from the date of this order. Fed.R.Civ.P. 4(m).
FURTHER ORDERED that, subject to the findings in this
screening 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 within 21 days of
this order. For any of the named defendant for whom the
Attorney General's Office cannot accept service, the
Office must file, under seal (but not serve on the
inmate-plaintiff) the last known address of that defendant
for whom it has such information. If that address is a post
office box, the Attorney General's Office must attempt to
obtain and provide the last known physical address instead.
If the Attorney General accepts service of process for any
named defendant, that defendant must file and serve an answer
or other response to the first amended complaint within 60
days of this order.
service cannot be accepted for any of the named defendant,
plaintiff must file a motion identifying the unserved
defendant, requesting issuance of a summons, and specifying a
full name and address for that defendant. For any defendant
for whom the Attorney General has not provided
last-known-address information, plaintiff must provide the
full name and address for that defendant.
FURTHER ORDERED that plaintiff must serve upon defendants or,
if an appearance has been entered by counsel, upon any
defendant's 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 or magistrate judge that has not been filed
with the Clerk, and any document received by a district
judge, magistrate judge, or the Clerk that fails to include a
certificate showing proper service.
FURTHER ORDERED that this case is no longer
FURTHER ORDERED THAT the motion for summary judgment
[ECF No. 14] is DENIED as premature; and the