Larsen v. Davis et al
| Carl Larsen |
| Ken Davis, James Belden, Ashley Tobald, Kieli Frey, Amy Williams and Kansas, State of |
| 5:2021cv04055 |
| August 26, 2021 |
| US District Court for the District of Kansas |
| Angel D Mitchell |
| Holly L Teeter |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 27, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 CERTIFIED MAIL RECEIPT returned addressed to Carl Larsen, Report and Recommendation #5 , delivered on 9/24/2021. (mls) |
Filing 7
ORDER re #6 RESPONSE to #5 Report and Recommendations filed by Carl Larsen: Plaintiff, who proceeds pro se, has filed a #6 "Notice of Voluntary Dismissal (with Prejudice)." Under Rule 41(a)(1)(A)(i), a plaintiff may file a self-executing notice of dismissal before the opposing party has answered. Here, no defendant has been served or answered. Accordingly, Plaintiff is entitled to voluntarily dismiss his case. However, although the caption of the notice indicates it seeks dismissal with prejudice, the substance of the notice clearly indicates an intent to re-file. Accordingly, because Plaintiff proceeds pro se and his filings are construed liberally, the Court clarifies that Plaintiff's dismissal is without prejudice. Signed by District Judge Holly L. Teeter on 9/24/2021. Mailed to pro se party Carl Larsen by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
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| ***Civil Case Terminated per chambers and 7 ORDER. (jsh) |
| Filing 6 RESPONSE to #5 Report and Recommendations (titled, "Notice of Voluntary Dismissal with Prejudice) by Plaintiff Carl Larsen. (jsh) |
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Filing 5
REPORT AND RECOMMENDATIONS recommending that Larsen's motion #4 to proceed IFP be denied and that Larsen be ordered to pay the required filing fee within fourteen days. The court further recommends that, if Larsen does not pay the required filing fee within fourteen days, this case be dismissed without prejudice. Objections to R&R due by 9/29/2021. Signed by Magistrate Judge Angel D. Mitchell on September 15, 2021. Mailed to pro se party Carl Larsen by regular and certified mail; Certified Tracking Number: 7020 3160 0000 9283 4212. (mls)
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| Filing 4 MOTION for Leave to Proceed in forma pauperis by Plaintiff Carl Larsen NOTE - Access to document is restricted pursuant to the courts privacy policy. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit of Financial Status, titled "Application to Proceed in District Court without Prepaying Fees or Costs (Long Form)" (jsh) (Additional attachment(s) added on 8/27/2021: #2 Question #9 on Indigency Form AO-239) (jsh). (Additional attachment(s) added on 8/27/2021: #3 Kansas EBT Benefits) (jsh). |
| Filing 3 CIVIL COVER SHEET re #1 Complaint by Plaintiff Carl Larsen. (jsh) |
| Filing 2 SUPPLEMENTAL COMPLAINT and REQUEST FOR INJUNCTION by Plaintiff Carl Larsen. (jsh) |
| Filing 1 COMPLAINT (No Summons Issued) with trial location of Topeka, filed by Carl Larsen. (jsh) |
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