United States District Court, D. Nevada
MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE
action began with a pro se civil rights complaint filed
pursuant to 42 U.S.C. § 1983 by an incarcerated person.
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 entered a screening order on April 25, 2019. (ECF No.
4). 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. 4, 12).
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.
has filed identical motions for temporary restraining order
(“TRO”) and preliminary injunction (ECF Nos. 7,
8). In the original complaint, Plaintiff was alleging that
prison officials refused to provide Plaintiff with surgery.
(See ECF No. 5). The motions for TRO and preliminary
injunction acknowledge that prison officials provided
Plaintiff with surgery but Plaintiff seeks another surgery
because he alleges the surgery was unsuccessful.
(See ECF No. 7 at 3-8). The Court denies the motions
without prejudice because the relief sought in the motions
are not related to the original complaint. See Pac.
Radiation Oncology, LLC v. Queen's Med. Ctr., 810
F.3d 631, 633 (9th Cir. 2015) (holding that “[a]
court's equitable power lies only over the merits of the
case or controversy before it. When a plaintiff seeks
injunctive relief based on claims not pled in the complaint,
the court does not have the authority to issue an
foregoing reasons, it is therefore ordered that:
Plaintiff's application to proceed in forma
pauperis (ECF No. 1) is granted. Plaintiff 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. § 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 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 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
(Flavio Moreno, #1049218), 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 will send a copy
of this order to the Finance Division of the Clerk's
Office. The Clerk of the Court will 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 89702.
Clerk of the Court must electronically serve a copy of this
order and a copy of Plaintiff's complaint (ECF No. 5) 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. 4),
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 will 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 (ECF No. 5) within 60 days
from the date of this order.
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 will 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 ...