CARL W. HOFFMAN, Magistrate Judge.
This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state prisoner. 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.
The Court entered a screening order on September 14, 2016. (ECF No. 5). 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 No. 5, 7). 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. 17).
On October 20, 2016, Plaintiff filed a motion to compel the Attorney General's Office to provide Plaintiff with the last known addresses of Defendants. (ECF No. 8). The Court denies this motion as moot. This order discusses procedures for providing last known addresses of Defendants.
On November 10, 2016, Plaintiff filed a motion for leave to file an amended complaint and attached a proposed second amended complaint. (ECF No. 13, 13-1). In the motion, Plaintiff requests leave to file an amended complaint for the purpose of correcting the spelling of Defendant Hendrix's last name to "Hendricks." (ECF No. 13 at 1). In the motion, Plaintiff notes that Hendricks is a former NDOC employee and lists the address of Patrick Hendricks's current employer. (Id. at 2). The proposed second amended complaint (ECF No. 13-1) is identical to the first amended complaint (ECF No. 4) with the exception of the first page of the second amended complaint. The first page of the second amended complaint changes the name "Hendrix" to "Hendricks." (Compare ECF No. 4 at 1, with ECF No. 13-1 at 1).
On November 14, 2016, Defendants filed a motion to strike Plaintiff's motion for leave to amend complaint. (ECF No. 14). In the motion, Defendants note that Plaintiff's motion was filed in violation of the stay. (Id. at 2). Defendants also note that putting identifiable information about a current or former NDOC employee into the public domain causes significant security and safety concerns. (Id. at 2-3). Defendants request that the Court strike Plaintiff's motion or place the motion under seal to ensure that Hendricks's address be stricken from the public record. (Id. at 3).
The Court now grants in part Plaintiff's motion to file a second amended complaint. (ECF No. 13). The Court also grants Defendants' motion to place the motion to amend (ECF No. 13) under seal. (ECF No. 14). The operative complaint will be the second amended complaint (ECF No. 13-1).
For the foregoing reasons, IT IS ORDERED that:
1. Plaintiff's application to proceed in forma pauperis (ECF 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).
2. The 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 shall not extend to the issuance and/or service of subpoenas at government expense.
3. 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
4. The motion for leave to amend (ECF No. 13) is granted in part. The Clerk of the Court shall detach and file the second amended complaint (ECF No. 13-1) in a separate docket entry. The second amended complaint is now the operative complaint in this case.
5. The motion to strike (ECF No. 14) is granted in part. The Clerk of the Court shall seal the motion for leave to amend (ECF No. 13).
6. The Clerk of the Court shall electronically
7. Subject to the findings of the screening order (ECF No. 5), within
8. If service cannot be accepted for any of the named defendant(s), Plaintiff shall 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 shall provide the full name
9. If the Attorney General accepts service of process for any named defendant(s), such defendant(s) shall file and serve an answer or other response to the complaint within
10. Henceforth, Plaintiff shall 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 shall 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 shall 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.
11. The motion to compel (ECF No. 8) is denied as moot.