Behrens v. GMAC Mortgage, LLC

Defendant: GMAC Mortgage, LLC
Plaintiff: Bryan Behrens
Case Number: 8:2013cv00072
Filed: March 4, 2013
Court: Nebraska District Court
Office: 8 Omaha Office
Referring Judge: Pro Se Docket
Presiding Judge: Richard G. Kopf
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28:1331 Fed. Question
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
April 12, 2013 13 Opinion or Order of the Court MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Upon careful consideration, the court's March 19, 2013, Memorandum and Order (Filing No. 9 ) is amended in two respects. First, the initial partial filing fee is $18.73 (not $11 2.40 as set forth in the March 19 order). Second, Plaintiff is granted an extension of time until May 20, 2013, to pay his initial partial filing fee. The clerk's office is directed to send a copy of this Memorandum and Order to the appropriat e financial official at Plaintiff's institution. Plaintiff's Notice of Interlocutory Appeal, which the court liberallyconstrues as a Motion for Interlocutory Appeal, is denied as moot. (Filing No. 10 .) Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed and to pro se party )(TCL )
August 28, 2013 20 Opinion or Order of the Court MEMORANDUM AND ORDER - IT IS ORDERED: 1. The plaintiff shall have until October 4, 2013, to do the following: a. file sufficient evidence with the Court, or allege facts in an amended complaint, showing that this case is not moot; b. file an amended complaint establishing the plaintiff's standing to pursue his claim; and c. file an amended complaint alleging facts supporting the applicability of the FDCPA and/or SFMFA to this case. 2. In order to be considered, any response the plaintiff wi shes to file should be received by the Court on or before October 4, 2013. The Court intends that time to include the time necessary for delivery by mail. 3. Absent effective compliance with this order, the Court may dismiss the plaintiff's comp laint in part or in full without further notice. 4. The Clerk of the Court is directed to set a case management deadline in this matter with the following text: October 4, 2013: deadline for plaintiff to file amended complaint and establish that case is not moot. 5. The Court reserves the right to conduct further review of the plaintiff's claims pursuant to 28 U.S.C. § 1915(e)(2) after the plaintiff addresses the matters set forth in this Memorandum and Order. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(TCL )
November 21, 2013 25 Opinion or Order of the Court MEMORANDUM AND ORDER - IT IS ORDERED: The plaintiff's motion for status (filing 24 ) is denied. The plaintiff's motion to amend (filing 23) is granted. The plaintiff's complaint (filing 1 ) and amended complaint (filing 22 ) are dismissed. All claims having been dismissed, this case is terminated. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(TCL )
December 20, 2013 30 Opinion or Order of the Court ORDER - IT IS ORDERED: The plaintiff shall pay an initial partial filing fee of $28.80 by January 21, 2014, unless an enlargement of time is granted in response to a written motion. The Clerk of the Court is directed to set a case managemen t deadline of January 21, 2014. After payment of the initial partial filing fee, the 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 forwar d those installments to the Court. The Clerk of the Court is directed to send a copy of this order to the appropriate official at the plaintiff's institution and to the Eighth Circuit Court of Appeals. Ordered by Judge John M. Gerrard. (Copies mailed as directed and to pro se party)(TCL )
January 22, 2014 34 Opinion or Order of the Court ORDER - IT IS ORDERED: The plaintiff's motion to extend the initial partial filing fee deadline (filing 33 ) is granted. The plaintiff shall pay an initial partial filing fee of $28.80 by February 21, 2014, unless a further enlarge ment of time is granted in response to a written motion. The Clerk of the Court is directed to set a case management deadline of February 21, 2014. After payment of the initial partial filing fee, the plaintiff's institution shall collect t he 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 of the Court is also directed to send a copy of this order to the appropriate official at the plaintiff's institution and to the Eighth Circuit Court of Appeals. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed)(TCL )
March 19, 2013 9 Opinion or Order of the Court MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed In Forma Pauperis (filing no. 2 ) is granted. Plaintiff shall pay an initial partial filing fee of $112.40 by April 19, 2013, unless an enlargement of time is granted in respo nse to a written motion. If the initial partial filing fee is not received by the specified deadline, this case will be dismissed. The Clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiff's ins titution. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: April 19, 2013: initial partial filing fee payment due. Plaintiff's Motion for Clerks Entry of Default (Filing No. [8 ]) is denied without prejudice to reassertion. The court has carefully reviewed the record, and taken judicial notice of the numerous cases Plaintiff has filed in this court, and finds that this matter will not proceed until Plaintiff pays the initial partial filing fee. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed and to pro se party) (AOA)

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Defendant: GMAC Mortgage, LLC
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Plaintiff: Bryan Behrens
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