United States District Court, D. Nevada
DARYL E. SAYLES a.k.a. DARRYL E. GHOLSON, Plaintiff
STATE OF NEVADA et al., Defendants
action is a pro se civil rights complaint filed
under 42 U.S.C. § 1983 by a former state prisoner.
Plaintiff has submitted an application to proceed in district
court without prepaying fees or costs following his release
from prison. (ECF No. 24). Based on the financial information
provided, the Court grants Plaintiff leave to proceed without
prepayment of fees or costs under 28 U.S.C. §
August 5, 2019, the Court entered a screening order. (ECF No.
4). The screening order imposed a 90-day stay and the Court
entered a subsequent order assigning the case to mediation by
a court-appointed mediator. (ECF Nos. 4, 11). 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 action. (ECF No. 27).
Court dismisses the motion for entry of clerk's default
(ECF No. 17) as premature. This case is in the pre-service
stage. The Court also denies the motion for sanctions (ECF
IS THEREFORE ORDERED that:
Plaintiff's application to proceed in district court
without prepaying fees or costs (ECF No. 24) is
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 district court without prepaying fees or
costs will not extend to the issuance and/or service of
subpoenas at government expense.
Clerk of the Court will 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 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 (ECF No. 4),
within twenty-one (21) days of the date of
entry of this order, the Attorney General's Office will
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 will
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 will attempt to obtain and provide the
last known physical address(es).
service cannot be accepted for any of the named defendant(s),
Plaintiff will 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 will
provide the full name and address for the
the Attorney General accepts service of process for any named
defendant(s), such defendant(s) will file and serve an answer
or other response to the complaint (ECF No. 5) within
sixty (60) days from the date of this order.
Henceforth, Plaintiff will 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 will 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 which has not been filed with the Clerk,
and any document received by a district judge, magistrate
judge, or the Clerk which fails to include a certificate
showing proper service.
case is no longer stayed.
motion for entry of clerk's default (ECF No. 17) ...