Lammers v. State of Nebraska
| Jess T. Lammers |
| State of Nebraska |
| 7:2021cv05010 |
| November 23, 2021 |
| US District Court for the District of Nebraska |
| Pro Se Docket |
| Richard G Kopf |
| Prisoner: Prison Conditions |
| 28 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 9
JUDGMENT - PRO SE - To the extent the complaint filed herein may be construed as a request for removal of a state criminal case to this court, the request is denied and the case is remanded to the District Court of Phelps County, Nebraska (Case No. CR 20-32). To the extent the complaint filed herein may be construed as a civil rights complaint, it is dismissed without prejudice. (Attachments: #1 Notice - Civil Appeals in Pro Se Cases) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(LAC) Modified on 1/7/2022 to correct name of attachment (CS).
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Filing 8
MEMORANDUM AND ORDER - To the extent Filing 1 may be construed as a notice of removal of Lammer's state criminal case to this court, his request is denied and this case is remanded to the District Court of Phelps County, Nebraska (Case No. CR 20-32).To the extent Filing 1 may be construed as a civil complaint, it is dismissed without prejudice for failure to state a claim upon which relief may be granted.Judgment shall be entered by separate document and the clerk of the court shall proceed to close this file for statistical purposes.The clerk of the court shall send a copy of this Memorandum and Order and of the Judgment the Clerk of the District Court of Phelps County, Nebraska.Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(LAC)
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| Filing 7 NOTICE regarding Memorandum and Order on Motion for Leave to Proceed in forma pauperis #6 on behalf of Plaintiff Jess T. Lammers. (ADB) |
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Filing 6
ORDER that leave to proceed in forma pauperis is granted, and the Complaint shall be filed without payment of fees. Plaintiff is advised that the next step in his case will be for the court to conduct an initial review of his 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)(LAC)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Jess T. Lammers.(LKO) |
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Filing 4
ORDER that the Plaintiff is directed to submit the $402.00 fees to the clerk's office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action will result in dismissal of this matter without further notice. The clerk of the court is directed to send to Plaintiff the Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit"). The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: December 30, 2021: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party)(LAC)
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| Filing 3 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (copy mailed to pro se party) (ADB) |
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Filing 2
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 Judge John M. Gerrard. (Copy mailed to pro se party) (ADB)
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| Filing 1 COMPLAINT with jury demand against State of Nebraska; no Summons issued ; filed on behalf of Jess T. Lammers. (ADB) |
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