Fernandez-Morales v. Currier ( 2023 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 YOANDY FERNANDEZ-MORALES, Case No. 3:23-cv-00068-MMD-CLB 4 Plaintiff, ORDER 5 v. 6 CURRIER, et al., 7 Defendants. 8 9 This action began with a pro se civil rights complaint filed pursuant to 42 U.S.C. § 10 1983 by a state prisoner. Plaintiff has submitted an application to proceed in forma 11 pauperis. (ECF No. 1). Based on the financial information provided, the Court finds that 12 Plaintiff is unable to prepay the full filing fee in this matter. 13 The Court entered a screening order on September 11, 2023. (ECF No. 4). The 14 screening order imposed a 90-day stay and the Court entered a subsequent order in 15 which the parties were assigned to mediation by a court-appointed mediator. (ECF Nos. 16 4, 9). The Office of the Attorney General has filed a status report indicating that settlement 17 has not been reached and informing the Court of its intent to proceed with this action. 18 (ECF No. 11). 19 Plaintiff also filed a motion to extend his copy prison work limit by another $20. 20 (ECF No. 12). An inmate has no constitutional right to free photocopying. Johnson v. 21 Moore, 948 F.2d 517, 521 (9th Cir. 1991). Pursuant to NDOC administrative regulation 22 722.01(7)(E), inmates “can only accrue a maximum of $100 debt for copy work expenses 23 for all cases, not per case.” In this district, courts have found that they can order a prison 24 to provide limited photocopying when it is necessary for an inmate to provide copies to 25 the court and other parties. See Allen v. Clark Cnty. Det. Ctr., 2:10-CV-00857-RLH, 2011 26 WL 886343, *2 (D. Nev. Mar. 11, 2011). In this case, the Court grants Plaintiff’s request 27 to extend his copy work account limit in part by another $5.00. 28 For the foregoing reasons, that: 1 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is 2 GRANTED. Plaintiff shall not be required to pay an initial installment of the filing fee. In 3 the event that this action is dismissed, the full filing fee must still be paid pursuant to 28 4 U.S.C. § 1915(b)(2). 5 2. The movant herein is permitted to maintain this action to conclusion without 6 the necessity of prepayment of any additional fees or costs or the giving of security 7 therefor. 8 3. Pursuant to 28 U.S.C. § 1915, as amended by the Prison Litigation Reform 9 Act, the Nevada Department of Corrections will forward payments from the account of 10 Yoandy Fernandez-Morales, #1201578 to the Clerk of the United States District Court, 11 District of Nevada, 20% of the preceding month's deposits (in months that the account 12 exceeds $10.00) until the full $350 filing fee has been paid for this action. The Clerk of 13 the Court will send a copy of this order to the Finance Division of the Clerk’s Office. The 14 Clerk will send a copy of this order to the attention of Chief of Inmate Services for the 15 Nevada Department of Corrections at formapauperis@doc.nv.gov. 16 4. The Clerk of the Court shall electronically SERVE a copy of this order and 17 a copy of Plaintiff’s complaint (ECF No. 5) on the Office of the Attorney General of the 18 State of Nevada by adding the Attorney General of the State of Nevada to the docket 19 sheet. This does not indicate acceptance of service. 20 5. Service must be perfected within ninety (90) days from the date of this order 21 pursuant to Fed. R. Civ. P. 4(m). 22 6. Subject to the findings of the screening order (ECF No. 4), within twenty- 23 one (21) days of the date of entry of this order, the Attorney General’s Office shall file a 24 notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it 25 accepts service; (b) the names of the defendants for whom it does not accept service, 26 and (c) the names of the defendants for whom it is filing the last-known-address 27 information under seal. As to any of the named defendants for whom the Attorney 28 General’s Office cannot accept service, the Office shall file, under seal, but shall not serve 1 the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such 2 information. If the last known address of the defendant(s) is a post office box, the Attorney 3 General's Office shall attempt to obtain and provide the last known physical address(es). 4 7. If service cannot be accepted for any of the named defendant(s), Plaintiff 5 shall file a motion identifying the unserved defendant(s), requesting issuance of a 6 summons, and specifying a full name and address for the defendant(s). For the 7 defendant(s) as to which the Attorney General has not provided last-known-address 8 information, Plaintiff shall provide the full name and address for the defendant(s). 9 8. If the Attorney General accepts service of process for any named 10 defendant(s), such defendant(s) shall file and serve an answer or other response to the 11 complaint (ECF No. 5) within sixty (60) days from the date of this order. 12 9. Plaintiff shall serve upon defendant(s) or, if an appearance has been 13 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other 14 document submitted for consideration by the Court. If Plaintiff electronically files a 15 document with the Court’s electronic-filing system, no certificate of service is required. 16 Fed. R. Civ. P. 5(d)(1)(B); Nev. Loc. R. IC 4-1(b); Nev. Loc. R. 5-1. However, if Plaintiff 17 mails the document to the Court, Plaintiff shall include with the original document 18 submitted for filing a certificate stating the date that a true and correct copy of the 19 document was mailed to the defendants or counsel for the defendants. If counsel has 20 entered a notice of appearance, Plaintiff shall direct service to the individual attorney 21 named in the notice of appearance, at the physical or electronic address stated therein. 22 The Court may disregard any document received by a district judge or magistrate judge 23 which has not been filed with the Clerk, and any document received by a district judge, 24 magistrate judge, or the Clerk which fails to include a certificate showing proper service 25 when required. 26 10. This case is no longer stayed. 27 28 1 11. Plaintiff's motion to extend his copy work account (ECF No. 12) is granted 2\| in part in the amount of $5.00. The Nevada Department of Corrections will extend 3|| Plaintiff's prison copy work limit by another $5.00. 5 DATED THIS 12th day of December 2023. . ; UNITED STATESWAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28