GEORGE FOLEY, Jr., Magistrate Judge.
In light of Plaintiff's failure to serve ten (10) interrogatories on the Attorney General's Office in order to discover the identities of "West" and "Montoya" as described in Plaintiff's complaint, the Court now removes this case from the inmate early mediation program and returns the case to the normal litigation track. (See ECF No. 11, 14). The Court now grants Plaintiff's application to proceed in forma pauperis (ECF No. 1) and orders service.
Based on the information regarding Plaintiff's financial status in the application to proceed in forma pauperis (ECF No. 1), the Court finds that Plaintiff is not able to pay an initial installment payment toward the full filing fee pursuant to 28 U.S.C. § 1915. Plaintiff will, however, be required to make monthly payments toward the full $350.00 filing fee when he has funds available.
For the foregoing reasons, IT IS ORDERED that Plaintiff's application to proceed in forma pauperis (ECF No. 1) without having to prepay the full filing fee is granted. Plaintiff shall
IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 1915, as amended by the Prisoner Litigation Reform Act, 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 the account of
IT IS FURTHER ORDERED that, even if this action is dismissed, or is otherwise unsuccessful, the full filing fee shall still be due, pursuant to 28 U.S.C. §1915, as amended by the Prisoner Litigation Reform Act.
IT IS FURTHER ORDERED that this case is removed from the inmate early mediation program. This case will return to the normal litigation track.
IT IS FURTHER ORDERED that the Clerk of Court SHALL ISSUE summonses for Defendants West and Montoya,
IT IS FURTHER ORDERED that henceforth, Plaintiff shall serve upon Defendants or, if appearance has been entered by counsel, upon the attorney(s), a copy of every pleading, motion or other document submitted for consideration by the Court. Plaintiff shall include with the original paper submitted for filing a certificate stating the date that a true and correct copy of the document was mailed to the Defendants or counsel for the Defendants. The Court may disregard any paper received by a district judge or magistrate judge which has not been filed with the clerk, and any paper received by a district judge, magistrate judge or the clerk which fails to include a certificate of service.
IT IS FURTHER ORDERED that service must be perfected within ninety (90) days from the date of this order pursuant to Fed. R. Civ. P. 4(m).
IT IS FURTHER ORDERED that the Clerk of the Court shall terminate the Attorney General's Office's limited notice of appearance for the purpose of conducting limited preservice discovery in an effort to ascertain the true identity of Defendants West and Montoya (ECF No. 9). Defendants may enter a notice of appearance if/when they are properly served pursuant to this order.