LeFever v. Dawson County Sheriff's Department et al
| Luke LeFever |
| Deputy Ivan Castellanos and Dawson County Sheriff's Department |
| 4:2020cv03066 |
| June 11, 2020 |
| US District Court for the District of Nebraska |
| Pro Se Docket |
| Richard G Kopf |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing 7
MEMORANDUM AND ORDER - The 1983 claims alleged in Case No. 4:20CV3068 against Defendants Nebraska State Patrol and Trooper Carlos Trevino, in his official capacity, are dismissed with prejudice and without leave to amend. However, the court on its own motion grants Plaintiff leave to file an amended complaint within 30 days to include a 1983 claim against Trooper Trevino in his individual capacity only. The state-law claims alleged in Case No. 4:20CV3068 are dismissed without prejudice to refiling in state court. The court on its own motion grants Plaintiff leave to file an amended complaint within 30 days which states a claim upon which relief may be granted against Deputy Ivan Castellanos, in his official and/or individual capacity. If an amended complaint is not filed within 30 days, all claims alleged in Case No. 4:20CV3066 will be dismissed without prejudice and without further notice. The court on its own motion grants Plaintiff leave to file an amended complaint within 30 days which states claims upon which relief may be granted against Sheriff Jerome Kramer, Deputy Roland Kramer, and Deputy Brett C. Schmidt, in their official and/or individual capacities. If an amended complaint is not filed within 30 days, all claims alleged in Case No. 4:20CV3067 will be dismissed without prejudice and without further notice. If Plaintiff elects to file an amended complaint, it shall be filed as a single document in Case No. 4:20CV3066. Plaintiff is warned that an amended complaint will supersede, not supplement, all of his previously filed complaints. Plaintiff must include all of the claims he wishes to pursue against all of the defendants he wishes to proceed against in the amended complaint, without relying upon or incorporating by reference any allegations made in the original complaints. Plaintiff should be mindful to explain in his amended complaint what each defendant did to him, when and where the defendant did it, and how the defendant's actions harmed him. The court reserves the right to conduct further review of Plaintiff's claims pursuant to 28 U.S.C. 1915(e) and 1915A in the event he files an amended complaint. The clerk of the court is directed to set a pro se case management deadline using the following text: September 2, 2020: check for amended complaint. The clerk's office is directed to remove Dawson County Sheriff's Department as a defendant in Case No. 4:20CV3066. The clerk's office is directed to remove Lincoln County Sheriff's Dept. as a defendant in Case No. 4:20CV3067. Member Cases: 4:20-cv-03066-RGK-PRSE, 4:20-cv-03067-RGK-PRSE, 4:20-cv-03068-RGK-PRSE Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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| TEXT ENTRY THAT INITIAL FILING fee paid on behalf of Luke LeFever on 06/25/2020. Receipt number 8056650, in the amount of $ 8.26. (LRM) |
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Filing 6
MEMORANDUM AND ORDER - On the court's own motion, the above-captioned cases shall be in all respects consolidated. Case No. 4:20CV3066 shall be designated the lead case and all future filings shall be made in that case. Plaintiff's applications to proceed in forma pauperis (Filing No. #2 in Case No. 4:20CV3066; Filing No. #2 in Case No. 4:20CV3067; Filing No. #2 in CaseNo. 4:20CV3068) are granted. On the court's own motion, the statutory filing fee is waived in Case Nos. 4:20CV3067 and 4:20CV3068. The filing fee for the consolidated action will be assessed in Case No. 4:20CV3066. Plaintiff must pay an initial partial filing fee of $8.26 for all three consolidated cases 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 payments in the manner set forth in 28 U.S.C. 1915(b)(2), quoted above, and forward those payments to the court. The clerks office is directed to send a copy of this order to theappropriate official at Plaintiff's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: July 15, 2020: 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 reviewof 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. Member Cases: 4:20-cv-03066-RGK-PRSE, 4:20-cv-03067-RGK-PRSE, 4:20-cv-03068-RGK-PRSEOrdered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party & plaintiff's institution)(LKO)
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Filing 5
GENERAL ORDER NO. 2020-01: This general order provides for the management and assignment of cases filed by a plaintiff or petitioner without counsel. This general order also includes the definition of the pro se docket, responsibilities of the pro se law clerks and scheduling and discovery requirements in pro se cases. Ordered by Chief Judge John M. Gerrard. (Copy mailed to pro se party)(LKO)
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| Filing 4 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LKO) |
| Filing 3 PRISONER ACCOUNT STATEMENT by Plaintiff Luke LeFever. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (LKO) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Luke LeFever. (LKO) |
| Filing 1 COMPLAINT against Ivan Castellanos and Dawson County Sheriff's Department filed on behalf of pro se plaintiff Luke LeFever. (LKO) |
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