Hunter et al v. Nebraska Department of Corrections et al
| Orlando Brewer, John Bridgeford, Steve Ebert, Robert Gumpert, Matthew Hunter, Adam Koehler and Shadoe Sukstorf |
| Fred Britton, Scot Frakes and Nebraska Department of Corrections |
| 4:2015cv03063 |
| June 4, 2015 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Pro Se Docket |
| John M. Gerrard |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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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
26
MEMORANDUM AND ORDER - This matter is dismissed without prejudice because Plaintiff failed to prosecute it diligently and failed to comply with this court's orders. The court will enter judgment by a separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
23
MEMORANDUM AND ORDER - Plaintiff must either file a new request for leave to proceed in forma pauperis or pay the court's $400.00 filing and administrative fees within 30 days. Failure to take either action will result in dismissal of thi s matter without further notice to Plaintiff. The clerk of the court is directed to send to Plaintiff the Form AO 240, "Application to Proceed Without Prepayment of Fees and Affidavit." The clerk of the court is directed to set a pro se case management deadline with the following text: March 21, 2016: deadline for Plaintiff to file new IFP application or pay filing fee. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with AO 240 form)(GJG)
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Filing
19
MEMORANDUM AND ORDER - Plaintiff will have 30 days to show cause why this case should not be dismissed for failure to pay the initial partial filing fee. In the absence of cause shown, this case will be dismissed without prejudice and without furth er notice. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: December 7, 2015: check for response to show cause order. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
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Filing
18
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing No. 6 ) is granted. Plaintiff's later-filed Motion for Leave to Proceed IFP (Filing No. 10 ) is denied as moot. Plaintiff must pay an initial partial filing f ee of $50.75 within 30 days, unless the court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Plaintiff's institution must collect the additional monthly payment s in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and forward those payments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The c lerk's office is directed to set a pro se case management deadline in this case using the following text: October 16, 2015: initial partial filing fee payment due. Plaintiff is advised that, following payment of the initial partial filing fe e, the next step in Plaintiff's case will be for the court to conduct an initial review of Plaintiff's claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed)(GJG)
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Filing
16
MEMORANDUM AND ORDER - Matthew Hunter is the only remaining plaintiff in this case. The court will enter a separate order on Hunters request to proceed in forma pauperis in this matter. Adam Koehler, Shadoe Sukstorf, Robert Gumpert, Orlando Br ewer, John Bridgeford, and Steve Ebert are dismissed from this action and they will not be required to pay the filing fee. The clerk of the court is directed to send a copy of this order to the financial officer at the plaintiffs place of incarceration. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and the institution as directed)(MKR)
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Filing
5
MEMORANDUM AND ORDER that each plaintiff has 30 days to advise the court in writing whether he wishes to continue as a plaintiff in this group action. If, by that deadline, any plaintiff advises the court that he does not wish to participate in th e 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 filing fee for this action. Alternatively, if any plaintiff wants to pursue his claims indivi dually in a separate lawsuit, he must so advise the court in writing, and his claims will be severed into a new action where a filing fee will be assessed. Each plaintiff who chooses to continue as a plaintiff, either in this action or in a severed individual case, is hereby ORDERED to pay a fee of $400.00 or file a properly completed motion for leave to proceed in forma pauperis (IFP) within 30 days. The clerk of the court is directed to send the Form AO240 to each of the plaintiffs. Fa ilure to submit a properly completed IFP motion does not relieve a plaintiff of the obligation to pay a filing fee, unless he also submits timely written notice that he does not intend to proceed with the action. Any plaintiff who simply does not r espond 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 Procedu re 41(b). The 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). The plaintiffs are further ADVISED that each of them is under a continuing obligation to keep the court informed of any change in his address. Ordered by Judge John M. Gerrard. (Copy mailed to pro se plaintiffs with Form AO240) (KMG)
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