Bush v. Mapes Canopies, LLC
| Curtis L. Bush |
| Mapes Canopies, LLC |
| 4:2017cv03135 |
| October 10, 2017 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Pro Se Docket |
| Richard G. Kopf |
| 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
14
MEMORANDUM AND ORDER - This matter may proceed to service of process against the Defendant Mapes Canopies, LLC. To obtain service of process on the Defendant, Plaintiff must complete and return the summons form that the clerk of the court will provid e. The clerk of the court shall send one summons form and one USM-285 form to plaintiff, together with a copy of this Memorandum and Order. Plaintiff shall, as soon as possible, complete the forms and send the completed forms back to the clerk of the court. In the absence of the forms, service of process cannot occur. Upon receipt of the completed forms, the clerk of the court will sign the summons forms and forward them together with a copy of the Complaint (filing no. 1 ), this court's p revious Memorandum and Order on initial review (filing no. 12 ), and a copy of this Memorandum and Order to the United States Marshals Service for service of process on the Defendant Mapes Canopies, LLC. The Marshals Service shall serve the Defendan t using any of the following methods: personal, residence, certified mail, or designated delivery service. See Federal Rule of Civil Procedure 4(e), (h); Neb. Rev. Stat. § 25-509.01 (Reissue 2016). The United States Marshal shall serve all proce ss in this case without prepayment of fees from Plaintiff. Federal Rule of Civil Procedure 4(m) requires service of the complaint on a defendant within 90 days of filing the complaint. However, Plaintiff is granted, on the court's own motion, an extension of time until 90 days from the date of this order to complete service of process. Plaintiff is hereby notified that failure to obtain service of process on the Defendant within 90 days of the date of this order may result in dismissal of t his matter without further notice. A defendant has 21 days after receipt of the summons to answer or otherwise respond to a complaint. The clerk of the court is directed to set a pro se case management deadline in this case with the following text: < b>January 22, 2019: service of process to be completed. The parties are bound by the Federal Rules of Civil Procedure and by the Local Rules of this court. Plaintiff shall keep the court informed of his current address at all times while this cas e is pending. Failure to do so may result in dismissal. Because this non-prisoner case is proceeding to service of process, and at the direction of the court, this case is removed from the pro se docket. The clerk's office shall randomly assign new judges to this case and request a reassignment order from the Chief Judge. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
12
MEMORANDUM AND ORDER - Plaintiff will have 30 days from the date of this Memorandum and Order to file a copy of any right-to-sue notice received from the NEOC/EEOC. In the alternative, Plaintiff may amend his complaint within 30 days to allege whethe r he exhausted his administrative remedies with the EEOC/NEOC and, if so, the date on which he received a right-to-sue notice. To the extent Plaintiff did not file suit within 90 days of his receipt of the right-to-sue notice, he must show that equit able or exceptional circumstances exist that warrant tolling of the 90-day period. In the event Plaintiff files an amended complaint, Plaintiff shall restate the allegations of the current Complaint (filing no. 1 ) and any new allegations. Failure t o consolidate all claims into one document may result in the abandonment of claims. The court reserves the right to conduct further review of Plaintiffs claims pursuant to 28 U.S.C. § 1915(e)(2) after Plaintiff addresses the matters set forth in this Memorandum and Order. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: May 29, 2018: Check for Plaintiffs amended complaint and response. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
11
MEMORANDUM AND ORDER that Plaintiff's Motion for Leave to Proceed IFP 9 is granted. Plaintiff is advised that the next step in his 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 Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MLF, )
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Filing
8
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2 ) is granted. Plaintiff must pay an initial partial filing fee of $4.45 within 30 days, unless the court extends the time in which he has to pay in response t o a written motion. After payment of the initial partial filing fee, Plaintiff's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and forward those payments to the cou rt. The clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: Januar y 16, 2018: initial partial filing fee payment due. Plaintiff is advised that, following payment of the initial partial filing fee, the next step in Plaintiff's case will be for the court to conduct an initial review of Plaintiff's claims t o 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 Senior Judge Richard G. Kopf. (Copy mailedto pro se party and institution; e-mailed to Finance) (KLF)
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| Plaintiff: Curtis L. Bush | |
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| Defendant: Mapes Canopies, LLC | |
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