Divers v. Eat Out Now
| Sean M. Divers |
| Eat Out Now |
| 4:2010cv03246 |
| December 20, 2010 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Joseph F. Bataillon |
| Pro Se Docket |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
15
MEMORANDUM AND ORDER regarding Memorandum and Order 11 . This matter is dismissed without prejudice because the Amended Complaint 13 fails to state a claim upon which relief may be granted. A separate judgment will be entered in accordance with this Memorandum and Order and the court's March 23, 2011, Memorandum and Order. All pending motions are denied as moot. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(JAB)
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Filing
11
MEMORANDUM AND ORDER - Plaintiffs Complaint (filing no. 1 ) fails to state a claim upon which relief may be granted. However, Plaintiff shall have until April 19, 2011, to amend his Complaint in accordance with this Memorandum and Order. If Plaintif f fails to file an amended complaint, Plaintiffs claims against Defendant will be dismissed without further notice. In the event that Plaintiff files an amended complaint, Plaintiff shall restate the allegations of the current Complaint (filing no. 1 ), and any new allegations. Failure to consolidate all claims into one document may result in the abandonment of claims. Plaintiffs Motion to Appoint Counsel (filing no. 9 ) is denied without prejudice to reassertion. Plaintiffs Motion for Stat us (filing no. 8 ) is denied as moot. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Check for amended complaint on April 19, 2011. 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 without further notice. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
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Filing
10
MEMORANDUM AND ORDER granting the Plaintiff's 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Sean M. Divers shall pay an initial partial filing fee of $.04 by March 21, 2011, unless an enlargement of time is granted in respon se to a written motion. After payment of the initial partial filing fee, Plaintiffs institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2). The Clerk of the court is directed to send a copy o f this order to the appropriate official at Plaintiffs institution. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: March 21, 2011: 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. Plaintiff shall review the Notice Regarding Summons Forms attached to this Order. Pro Se Case Management Deadline set for 3/21/2011 initial partial filing fee payment due. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(MKR)
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| Plaintiff: Sean M. Divers | |
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