Doutre v. Aranas et al
Filing
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ORDER Granting 1 Plaintiff's Motion/Application for Leave to Proceed in forma pauperis. The Nevada Department of Corrections shall pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding months dep osits to Plaintiffs account in the months that the account exceeds $10.00, until the full $350.00 filing fee has been paid. The Clerk shall electronically SERVE a copy of this order and a copy of 4 Plaintiffs Complaint on the Office of th e Attorney General of the State of Nevada, attention Pamela Sharp. The Attorney Generals Office shall file a notice re Defendants within 21 days. If the Attorney General accepts service of process for any named Defendant(s), such Defendant(s) shall f ile an answer to the Complaint within 60 days from the date of this order. See Order for details. Signed by Magistrate Judge Cam Ferenbach on 02/11/2013. (Copies have been distributed pursuant to the NEF - CC: Finance, Chief Inmate Services for the Nevada Department of Corrections, and Pamela Sharp - AC)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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SEAN T. DOUTRE,
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Plaintiff,
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vs.
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ROMEO ARANAS, et al.,
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Defendants.
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2:12-cv-00772-GMN-VCF
ORDER
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Plaintiff, who is in the custody of the Nevada Department of Corrections, has submitted a
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civil rights complaint pursuant to 42 U.S.C. § 1983 and an application to proceed in forma pauperis.
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(ECF No. 1). Based on the financial information provided, the Court finds that plaintiff is unable to
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prepay the full filing fee in this matter.
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IT IS THEREFORE ORDERED that:
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1.
Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is GRANTED;
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plaintiff shall not be required to pay an initial installment of the filing fee. In the
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event that this action is dismissed, the full filing fee must still be paid pursuant to
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28 U.S.C. § 1915(b)(2).
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2.
The movant herein is permitted to maintain this action to conclusion without the
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necessity of prepayment of any additional fees or costs or the giving of security
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therefor. This order granting leave to proceed in forma pauperis shall not extend to
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the issuance of subpoenas at government expense.
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3.
Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections shall pay
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to the Clerk of the United States District Court, District of Nevada, 20% of the
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preceding month’s deposits to plaintiff’s account (Sean T. Doutre, Inmate
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#60666), in the months that the account exceeds $10.00, until the full $350.00 filing
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fee has been paid for this action. The Clerk of the Court shall SEND a copy of this
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order to the Finance Division of the Clerk’s Office. The Clerk shall also SEND a
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copy of this order to the attention of the Chief of Inmate Services for the Nevada
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Department of Corrections, P.O. Box 7011, Carson City, NV 89702.
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The Clerk shall electronically SERVE a copy of this order and a copy of plaintiff’s
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complaint (ECF No. 4) on the Office of the Attorney General of the State of Nevada,
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attention Pamela Sharp.
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5.
Subject to the findings of the screening order (ECF No. 3), within twenty-one (21)
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days of the date of entry of this order, the Attorney General’s Office shall file a notice
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advising the court and plaintiff of: (a) the names of the defendants for whom it
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accepts service; (b) the names of the defendants for whom it does not accept service,
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and (c) the names of the defendants for whom it is filing last-known-address
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information under seal. As to any of the named defendants for which the Attorney
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General’s Office cannot accept service, the Office shall file, under seal, the last
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known address(es) of those defendant(s) for whom it has such information.
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6.
If service cannot be accepted for any of the named defendant(s), plaintiff shall file a
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motion identifying the unserved defendant(s), requesting issuance of a summons, and
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specifying a full name and address for the defendant(s). For the defendant(s) as to
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which the Attorney General has not provided last-known-address information,
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plaintiff shall provide the full name and address for the defendant(s).
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If the Attorney General accepts service of process for any named defendant(s), such
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defendant(s) shall file and serve an answer or other response to the complaint within
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sixty (60) days from the date of this order.
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8.
Henceforth, plaintiff shall serve upon defendant(s) or, if an appearance has been
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entered by counsel, upon their attorney(s), a copy of every pleading, motion or other
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document submitted for consideration by the court. Plaintiff shall include with the
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original paper submitted for filing a certificate stating the date that a true and correct
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copy of the document was mailed to the defendants or counsel for the defendants. If
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counsel has entered a notice of appearance, the plaintiff shall direct service to the
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individual attorney named in the notice of appearance, at the address stated therein.
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The court may disregard any paper received by a district judge or magistrate judge
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which has not been filed with the Clerk, and any paper received by a district judge,
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magistrate judge, or the Clerk which fails to include a certificate showing proper
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service.
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IT IS SO ORDERED.
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11th
Dated this ______ day of February, 2013.
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UNITED STATES MAGISTRATE JUDGE
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