Butler et al v. Lancaster County Dept of Corrections et al
| Brent Abbink, Miguel Alvarez, Surgio Butler, Jesse Dyer, Michael Evans and Bao Nguyen |
| Lancaster County and Lancaster County Dept of Corrections |
| 8:2014cv00306 |
| October 6, 2014 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Pro Se Docket |
| Lyle E. Strom |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
67
MEMORANDUM OPINION - For the reasons set forth above and in the court's order dated March 13, 2015, this matter will be dismissed without prejudice, and both pending motions (Filing Nos. 44 and 65 ) will be denied as moot. A separate judgment 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
60
MEMORANDUM AND ORDER - Butler has 30 days to file an amended complaint in accordance with this order. This matter will be dismissed without prejudice and without further notice if Butler fails to file an amended complaint in accordance with this orde r. Butler's claims must be presented in one document (i.e., the amended complaint), and not in numerous briefs, motions, andcorrespondences. The clerk's office is directed to set a pro se case management deadline in this matter: April 13 , 2015: Check for amended complaint. The Court will conduct further review of any amended complaint in accordance with 28 U.S.C. §§ 1915(e) and 1915A. Butler's notion to appoint counsel (Filing No. 30 )is denied without prejudice to reassertion. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 4/13/2015: check for amended complaint) Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)
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Filing
59
ORDER- Plaintiff Michael Evans is dismissed from this action. The clerk's office is directed to update its records to reflect that Surgio Butler is the only remaining plaintiff. Evans's Motion for Leave to Proceed in Forma Pauperis (Filing No. 20 ), filed while Evans was still incarcerated, is denied as moot. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)
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Filing
57
MEMORANDUM AND ORDER - Plaintiff shall either file a new application to proceed in forma pauperis or pay the Courts $400.00 filing and administrative fees within 30 days from the date of this Memorandum and Order. If plaintiff fails to comply wi th this Memorandum and Order, this case will be dismissed as to plaintiff Michael Evans without prejudice and without further notice. The clerk's office is directed to send to plaintiff the Form AO 240, "Application to Proceed Without Pre payment of Fees and Affidavit." Plaintiff is reminded to keep the Court informed of his current address at all times while this case is pending. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 1/12/2015.) Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party with AO240 form)(MKR, )
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Filing
51
STRICKEN-MEMORANDUM AND ORDER- Plaintiff shall have until December 19, 2014, to show cause why this case should not be dismissed for failure to comply with Rule 11. If plaintiff does not respond, or if good cause is not shown, this action will be dis missed without prejudice and without further notice. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 12/19/2014: deadline for plaintiff to show cause why pleading was not signed) Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR) Modified on 12/3/2014 per Order 52 (MKR).
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Filing
37
MEMORANDUM AND ORDER -The non-lead plaintiffs -- Michael Evans, Bao Nguyen, Jesse Dyer, Brent Abbink, and Miguel Alvarez -- shall have 30 days from the date of entry of this order in which to advise the Court whether he wishes to continue as a plaint iff in this group action. If, by that deadline, any non-lead plaintiff advises the Court that he does not wish to participate in the action, he will be dismissed from the lawsuit and will not be charged a filing fee for this action. This is the only way to avoid the obligation to pay a $350 filing fee for this action. Alternatively, if any plaintiff (including lead plaintiff Surgio Butler) wants to pursue his claims individually in a separate lawsuit, he shall so advise the Court in wr iting, and his claims shall be severed into a new action where a filing fee will be assessed. Any non-lead plaintiff who simply does not respond to this Memorandum and Order within 30 days will be obligated to pay the full filing fee and will also be dismissed from this action for want of prosecution and/or for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Plaintiffs are again WARNED that future group motions or pleadings that do not comply with the group pleading requirements discussed herein shall be stricken pursuant to Rule 11(a). Plaintiffs are further ADVISED that each of them is under a continuing obligation to keep the Court informed of any change in his address. The clerk's office i s directed to update its records to reflect that the correct spelling of plaintiff Surgio Butler's name. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 12/1/2014: Check for responses from non-lead plaintiffs) Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)
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Filing
12
MEMORANDUM AND ORDER - The following plaintiffs are directed to correct the above-listed technical defects within 30 days of the date of this memorandum and order: Michael Evans, Bao Nguyen, Jesse Dyer, Brent Abbink, and Miguel Alvarez. Failure of a ny plaintiff to comply with this memorandum and order will result in dismissal of this matter as to such plaintiff. The Clerk of the Court is directed to send the Form AO240 (Application to Proceed Without Prepayment of Fees and Affidavit) to Micha el Evans, Bao Nguyen, Jesse Dyer, Brent Abbink, and Miguel Alvarez. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 11/11/2014: Check for MIFP or payment from each plaintiff;dismiss as to any plaintiff who did not comply ) Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party with AO240 forms as directed)(MKR)
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