King v. Houston et al
| Donnell King |
| C.S.I. Director, Joanne Hilgert, Robert P. Houston, Dian Sabatka-Rine and Mel Soyh |
| 4:2013cv03061 |
| March 15, 2013 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Pro Se Docket |
| Lyle E. Strom |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
47
ORDER AND JUDGMENT - Tek's Motion to Dismiss (Filing No. 40 ) is granted and judgment is entered in favor of defendants and against plaintiff. King's claims against Tek, Hilgert, and Soyh under 42 U.S.C. § 1981 and 42 U.S.C. § 1983 are dismissed with prejudice. Any remaining state law claims are dismissed without prejudice. King's Motion for Court Order (Filing No. 43 ) is denied as moot. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG )
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Filing
34
MEMORANDUM ORDER - Plaintiff's Motion to Compel Discovery (Filing No. 32 ) is denied. On the Court's own motion, the clerk's office is directed to complete, sign, and forward a summons form and USM- 285 form to the Marshal along w ith a copy of the complaint and amended complaint for service of process on Tek Industries, Inc. (See address for Tek Industries, Inc. at Filing No. 32 at CM/ECF p. 1.) The Marshal shall serve the summons, complaint, and amended complaint with out payment of costs or fees. Plaintiff's Motion for Extension of Time (Filing No. 33 ) is granted. Plaintiff has until November 7, 2014, to complete service of process in this matter. The clerk's office shall term the following pro se c ase management deadline: October 7, 2014: Check completion of service of summons. The clerk's office shall set a pro se case management deadline using the following text: November 7, 2014: Check completion ofservice. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party; to USM with summons and complaint and amended complaint)(GJG)
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Filing
27
MEMORANDUM AND ORDER - IT IS ORDERED: To obtain service of process on defendants, plaintiff must complete and return the summons forms that the clerk of the court will provide. The clerk of the court shall send three summons forms and three USM-285 forms to plaintiff, together with a copy of this Memorandum and Order. Plaintiff shall, as soon as possible, complete the forms and send the completed forms back to the clerk of the court. In the absence of the forms, service of process cannot occur. Upon receipt of the completed forms, the clerk of the court will sign the summons forms, to be forwarded with a copy of the Complaint and Amended Complaint to the U.S. Marshal for service of process. The Marshal shall serve the summons and the Com plaint and Amended Complaint without payment of costs or fees. Service may be by certified mail pursuant to Federal Rule of Civil Procedure 4 and Nebraska law in the discretion of the Marshal. The clerk of the court will copy the Amended Complaint, a nd plaintiff does not need to do so. Plaintiff is hereby notified that failure to obtain service of process on a defendant within 120 days of the date of this order may result in dismissal of this matter without further notice as to such defendant. A defendant has 21 days after receipt of the summons to answer or otherwise respond to a complaint. The clerk of the court is directed to set a pro se case management deadline in this case with the following text: "October 7, 2014: Check for co mpletion of service of summons." The parties are bound by the Federal Rules of Civil Procedure and by the Local Rules of this court. Plaintiff shall keep the Court informed of his current address at all times while this case is pending. Failure to do so may result in dismissal. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party with Summons Forms and 285 forms)(TCL )
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Filing
21
MEMORANDUM AND ORDER - Plaintiff is permitted leave to appeal in forma pauperis. Plaintiff shall pay an initial partial filing fee of $0.93 by January 2, 2014, unless an enlargement of time is granted in response to a written motion. After p ayment of the initial partial filing fee, plaintiff's institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forward those installments to the Court. The cle rk of the court is directed to send a copy of this order to the appropriate official at plaintiff's institution and to the Eighth Circuit Court of Appeals. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party and as directed)(GJG)
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Filing
15
MEMORANDUM OPINION - For these reasons, and for the reasons set forth in the Court's Memorandum and Order dated August 26, 2013, this matter will be dismissed. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(TCL )
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Filing
13
MEMORANDUM AND ORDER - Plaintiff's claims for monetary relief against Houston and Sabatka-Rine and plaintiff's claims against "C.S.I. Director" are dismissed without prejudice. Plaintiff shall have 30 days from the date of this Memorandum and Order to amend his complaint to state a claim upon which relief may be granted in accordance with this Memorandum and Order, and to file a copy of his right-to-sue notice. If plaintiff fails to file an amended complaint within 30 day s, this matter will be dismissed without further notice. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: September 26, 2013: Check for amended complaint and right-to-sue notice. P laintiff's Motion for Status of Filing Fee (Filing No. 11 ) is granted, and plaintiff's Motion for Status (Filing No. 12 ), which seeks summons forms for service on defendants, is denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
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Filing
10
MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff's Motion for Leave to Proceed in Forma Pauperis (Filing No. 8 ) is granted. Plaintiff shall pay an initial partial filing fee of $1.77 by May 10, 2013, unless an enlargement of time is gran ted in response to a written motion. If the initial partial filing fee is not received by the specified deadline, this case will be dismissed. After payment of the initial partial filing fee, plaintiff's institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forward those installments to the Court. The clerk's office is directed to send a copy of this order to the appropriate official at plaintiff 9;s institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: May 10, 2013: initial partial filing fee payment due. Plaintiff shall keep the Court informed of his current address at all times, and all parties are bound by the Federal Rules of Civil Procedure and by the Courts Local Rules while this case is pending. Ordered by Senior Judge Lyle E. Strom. (Copies mailed as directed)(TCL )
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Filing
7
MEMORANDUM AND ORDER - Plaintiff is directed to correct the above-listed technical defect in the complaint within 30 days of the date of this Memorandum and Order. Failure to comply with this Memorandum and Order will result in dismissal of this ma tter without further notice. The clerk of the court is directed to send to plaintiff the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. The clerk of the court is directed to set a pro se case management deadline in t his matter with the following text: April 26, 2013: Check for MIFP or payment. Plaintiff's Motion for Subpoena Duces Tecum (Filing No. 6 ) is denied without prejudice to reassertion after plaintiff pays the filing fee or submits a request to proceed in forma pauperis. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party with forms)(GJG)
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