Burries v. Newton
| Orlando C. Burries |
| Jeffery L. Newton |
| 8:2008cv00339 |
| July 31, 2008 |
| US District Court for the District of Nebraska |
| Prisoner: Civil Rights Office |
| Douglas |
| Pro Se Docket |
| Laurie Smith Camp |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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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
14
MEMORANDUM AND ORDER that this matter is dismissed without prejudice because Plaintiff failed to prosecute it diligently and failed to comply with the court's orders; and a separate judgment will be entered in accordance with this Memorandum and Order.Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(CJP)
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Filing
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MEMORANDUM AND ORDER, 1. Plaintiffs due process claim is dismissed; 2. Plaintiffs equal protection claim against Defendant may proceed and serviceis now warranted as to that claim only; 3. To obtain service of process on Defendant, Plaintiff must com plete and return the summons forms which the Clerk of the court will provide. The Clerk of the court shall send ONE (1) summons form and ONE (1) 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; 4. Upon receipt of the completed forms, the Clerk of the court will sign the summons form, to be forwarded with a copy of the Amended Complaint to the U.S. Marshal for service of process. The Marshal shall serve the summons and Amended Complaint without payment of costs or fees. Service may be by certified mail pursuant to Fed. R. Civ. P. 4 and Nebraska law in the discretion of the Marshal. The Clerk of the court will copy the Amended Complaint, and Plaintiff does not need to do so; 5. Fed. R. Civ. Pro. 4 requires service of a complaint on a defendant within 120 days of filing the complain t. However, because in this order Plaintiff is informed for the first time of these requirements, Plaintiff is granted, on the courts own motion, an extension of time until 120 days from the date of this order to complete service of process; 6. Plain tiff is hereby notified that failure to obtain service of process on a defendant within 120 days of the date of this order may result in dismissal of this matter without further notice as to such defendant. A defendant has twenty (20) days after rece ipt of the summons to answer or otherwise respond to a complaint;7. The Clerk of the Court is directed to set a pro se case management deadlinein this case with the following text: June 22, 2009: Check for completion ofservice of summons; and 8. 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 case is pending. Failure to do so may result in dismissal. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 6/22/2009: check for completion of service of summons) Ordered by Judge Laurie Smith Camp. (Copy of order along with one summons form and one USM-285 form mailed to pro se party)(PCV, )
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Filing
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MEMORANDUM AND ORDER that Plaintiff shall have until November 24, 2008, to amend his Complaint to clearly state a claim upon which relief can be granted against Defendant, in accordance with this Memorandum and Order; if Plaintiff fails to file an am ended complaint, Plaintiff's claims against Defendant will be dismissed without further notice for failure to state a claim upon which relief may be granted; in the event that Plaintiff files an amended complaint, Plaintiff shall restate the all egations of the current Complaint 1 , and any new allegations; failure to consolidate all claims into one document may result in the abandonment of claims; the Clerk of the court is directed to set a pro se case management deadline in this case usin g the following text: Check for amended complaint on November 24, 2008; and Plaintiff shall keep the court informed of his current address at all times while this case is pending; failure to do so may result in dismissal without further notice.Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(CJP)
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| Plaintiff: Orlando C. Burries | |
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| Defendant: Jeffery L. Newton | |
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