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Johnson v. Dicues

United States District Court, D. Nevada

November 1, 2019

LAUSTEVEION JOHNSON, Plaintiff,
v.
DICUES, et al., Defendants.

          ORDER

          NANCY J. KOPPE, UNITED STATES MAGISTRATE JUDGE.

         I. DISCUSSION

         Plaintiff, a state prisoner, filed an application to proceed in forma pauperis and a pro se civil rights complaint, pursuant to 42 U.S.C. § 1983. Docket Nos. 1, 1-1. Based on the financial information provided, the Court finds that Plaintiff is unable to prepay the full filing fee in this matter.

         The Court entered a screening order on the first amended complaint on September 30, 2019. Docket No. 31. The screening order dismissed some claims with prejudice, dismissed some claims without prejudice with leave to amend, and permitted some claims to proceed. Id. at 14-16. The Court granted Plaintiff 30 days from the date of that order to file a second amended complaint curing the deficiencies of his first amended complaint. Id. at 15. The Court specifically stated that, if Plaintiff chose not to file a second amended complaint, the instant action would proceed on the following claims: the portion of Count I alleging conditions of confinement claims against Defendants Nash, Williams, Kay, Dzurenda, and Dicues; the portion of Count I alleging duty to protect claims against Defendants Calderon, Dzurenda, Nash, and Williams; the portion of Count III alleging RLUIPA and First Amendment free exercise of religion claims against Defendants Dzurenda, Nash, Williams, and Calderon; the portion of Count III alleging a retaliation claim against Defendants Dicues and Calderon; the portion of Count IV alleging retaliation claims against Defendants Calderon, Williams, and Nash; and the portion of Count IV alleging conspiracy against Calderon, Williams, and Nash. Id. at 15-16.

         Plaintiff has not filed a second amended complaint, pursuant to the screening order; therefore, this action shall proceed on those claims.

         II. CONCLUSION

         For the foregoing reasons, IT IS ORDERED that:

1. Pursuant to the Court's screening order, Docket No. 31, this action shall proceed on the following claims: the portion of Count I alleging conditions of confinement claims against Defendants Nash, Williams, Kay, Dzurenda, and Dicues; the portion of Count I alleging duty to protect claims against Defendants Calderon, Dzurenda, Nash, and Williams; the portion of Count III alleging RLUIPA and First Amendment free exercise of religion claims against Defendants Dzurenda, Nash, Williams, and Calderon; the portion of Count III alleging a retaliation claim against Defendants Dicues and Calderon; the portion of Count IV alleging retaliation claims against Defendants Calderon, Williams, and Nash; and the portion of Count IV alleging conspiracy against Calderon, Williams, and Nash.
2. Plaintiff's application to proceed in forma pauperis, Docket No. 1, 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).
3. Plaintiff 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.
4. 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 (Lausteveion Johnson, #82138), 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 89702.
5. The Clerk of the Court shall electronically SERVE a copy of this order, a copy of Plaintiff's first amended complaint, Docket No. 4-1, and a copy of the screening order, Docket No. 31, 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.
6. Service must be perfected no later than January 30, 2020, pursuant to Fed.R.Civ.P. 4(m).
7. Subject to the findings of the screening order, Docket No. 31, no later than November 22, 2019, 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 ...

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