Forney v. Daily Times Newspaper et al
| David Clark Forney |
| Daily Times Newspaper, State of Wyoming, Fruedenthal, Carbon County, Wyoming, State of Nebraska, Hineman, Keith County, Nebraska, Jerry Coulson and Carbon County Sherrif |
| 4:2009cv03033 |
| February 13, 2009 |
| US District Court for the District of Nebraska |
| Prisoner: Civil Rights Office |
| Keith |
| Richard G. Kopf |
| Pro Se Docket |
| None |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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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
61
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Appeal In Forma Pauperis (filing no. 58 ) is denied. Plaintiff is not entitled to proceed IFP on appeal and the appeal is dismissed. The Clerk of the court shall not process the appeal to the Eighth Circuit. The Clerk of the court is directed to forward a copy of this Memorandum and Order to the parties and to the Eighth Circuit Court of Appeals. Ordered by Judge Richard G. Kopf. (Copies mailed as directed)(GJG)
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Filing
60
MEMORANDUM AND ORDER - Plaintiff shall have until February 11, 2011, to submit an affidavit to show excusable neglect or good cause for failing to file a timely notice of appeal. If Plaintiff fails to submit such an affidavit by February 11, 2011, Pl aintiff's appeal will not be processed. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Check for affidavit on February 11, 2011. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(AOA)
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Filing
57
MEMORANDUM AND ORDER denying 56 Motion to Reopen Case. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
53
MEMORANDUM AND ORDER - 1. Plaintiff's claims relating to his arrest and conviction against Defendants Daily Times Newspaper, State of Wyoming, Fruedenthal, Carbon County, State of Nebraska, "Hineman," Keith County, Jerry Colson and Car bon County Sheriff are dismissed without prejudice to reassertion in a habeas corpus or similar proceeding. 2. In accordance with this Memorandum and Order and the court's April 23, 2009 Memorandum and Order, Plaintiff's access to courts an d Eighth Amendment claims against Keith County are dismissed without prejudice for failure to state a claim upon which relief may be granted. 3. Defendant Keith County's Motion to Dismiss (filing no. 51 ) is denied as moot. 4. A separate Judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
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Filing
49
MEMORANDUM AND ORDER regarding pending motions. 1. Plaintiff's Motion to Supplement (filing no. 40 ), is granted. 2. Plaintiff's Motion for Copies (filing no. 41 ) is denied. 3. Plaintiff's Motion to Amend (filing no. 42 ); Plainti ff's Motion for Summons (filing no. 47 ); Defendant Daily Times Newspaper's Motion to Dismiss (filing no. 45 ); and Defendants Carbon County Sheriff, Carbon County, and Jerry Colson's joint Motion to Dismiss (filing no. 43 ) are den ied as moot. The Plaintiff is given leave to file a totally new amended complaint by October 23, 2009. (Pro se case management deadline: Check for amended complaint on October 23, 2009.) Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
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Filing
39
MEMORANDUM AND ORDER - 1. Plaintiff's claims against Defendants Daily Times Newspaper, State of Wyoming, Fruedenthal, Carbon County, Wyoming, State of Nebraska, Jerry Colson and Carbon County Sheriff are dismissed on abstention grounds. 2. Defen dant Daily Times Newspaper's Motion to Dismiss (filing no. 24 ), and Defendant Carbon County, Wyoming, and Defendant Jerry Colson's Motion to Dismiss (filing no. 37 ) are denied as moot. 3. Defendant Keith Countys Motion to Dismiss (filin g no. 30 ) is dismissed without prejudice to reassertion after the amendment of the Complaint. 4. Plaintiffs Motion for an Order for access to a typewriter (filing no. 8 ), Motion for the Court to hear pleadings (filing no. 28 ), and Motion for in formation to be heard (filing no. 35 are denied as moot. 5. Plaintiff shall have until May 25, 2009, to amend his Complaint. Plaintiff's "Subpoenas" and related forms (filing Nos. 9 , 15 , 17 , 18 , 19 , 20 and 21 ) are quashed. ***Pro Se Case Management Deadlines: Check for amended complaint on May 25, 2009. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
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Filing
29
ORDER regarding 27 Motion for Leave to Proceed in forma pauperis. Plaintiff, a non-prisoner, filed a Motion for Leave to Proceed In Forma Pauperis. (Filing No. 27 ). Upon review of Plaintiff's Motion, the court finds that Plaintiff is financially eligible to proceed in forma pauperis. IT IS THEREFORE ORDERED that leave to proceed in forma pauperis is provisionally granted. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKH)
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Filing
23
MEMORANDUM AND ORDER- Plaintiff filed a Complaint in this matter (filing no. 1 ) while he was incarcerated at the Keith County Correctional Center. Based on the records of this court, it appears Plaintiff is no longer incarcerated. Therefore, he mus t now file a new Application for Leave to Proceed IFP in order to pursue his case in forma pauperis. IT IS THEREFORE ORDERED that: The Clerk of the court shall send to Plaintiff a Form AO240, Application to Proceed Without Prepayment of Fees and Affi davit. By April 13, 2009, Plaintiff shall either file a new Application to Proceed IFP or pay the court's $350 filing fee. If Plaintiff fails to comply with this Memorandum and Order, this case may be subject to dismissal without further no tice. Plaintiff's pending Motion to Proceed IFP (filing no. 2 ) is denied as moot. The Clerk of the court is directed to set a pro se case management deadline with the following text: April 13, 2009: deadline for Plaintiff to file new IFP application or pay filing fee. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party along with AO240 IFP form)(LKH)
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