Gonzalez v. South Sioux City Police Department et al
| Jose E. Gonzalez |
| William L. Binkard, Dakota County, Nebraska, Robert Deck, Sarah M. Meadows, South Sioux City Police Department, South Sioux City, Nebraska and Kim Watson |
| 4:2014cv03089 |
| May 1, 2014 |
| 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 |
| Plaintiff |
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Filing
37
MEMORANDUM AND ORDER that this case is dismissed with prejudice and Defendants' Motions to Dismiss (Filing Nos. 19 and 22) are granted to the extent they are consistent with the relief provided in this Memorandum and Order. Gonzalez's Mo tion in Opposition to Defendant's Motion to Dismiss (Filing No. 33) is overruled. In light of the foregoing, Dakota County's Motion for Leave to Cite Supplemental Authority (Filing No. 25) and Motion to Strike (Filing No. 35) are denied as moot. The court will enter judgment by a separate document. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)
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Filing
14
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's claims against Kim Watson, Robert Deck, William Binkard, and Sarah Meadow are dismissed without prejudice. This matter may proceed to service of process against Dakota County, N ebraska, and South Sioux City, Nebraska, on the following issue only: whether a detained alien may vindicate in an action brought for money damages the failure of the detaining authority to inform him of the availability of consular notification a nd access. The Clerk of Court is directed to send to Plaintiff a copy of the Complaint, a copy of this Memorandum and Order, and two summons forms and two USM 285 Forms. Federal Rule of Civil Procedure 4(m) requires service of the complaint on a def endant within 120 days of filing the complaint. However, Plaintiff is granted, on the court's own motion, an extension of time until 120 days from the date of this Memorandum and Order to complete service of process. If requested to do so in this matter, the United States Marshal will serve all process in this case without prepayment of fees from Plaintiff. In making such a request, Plaintiff must complete the USM 285 forms to be submitted to the Clerk with the completed summons forms . (See attached Notice.) Without these forms, the United States Marshal will not serve process. Upon receipt of the completed forms, the Clerk of Court will sign the summons forms and forward them to the Marshal for service on Defendants, together with copies of the Complaint. The Clerk is directed to set a pro se case management deadline in this case with the following text: May 8, 2015: Check for completion of service of summons. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with Summons and 285 Forms)(TCL )
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Filing
10
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's request for summons forms is denied. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
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Filing
7
MEMORANDUM AND ORDER granting 6 Motion for Leave to Proceed in forma pauperis. Plaintiff Jose Gonzalez shall pay an initial partial filing fee of $$8.29 within 30 days from the date of the Memorandum and Order, unless an enlargement of time is granted in response to a written motion. The clerk's office is directed to set a pro se case management deadline in this case using the following text: June 16, 2014: initial partial filing fee payment due. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (copy mailed to institution as directed) (ADB )
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