Ornelas v. Nebraska Department of Correction et al
| Francisco Ornelas |
| Nebraska Department of Correction and Correct Care Solutions |
| 8:2009cv00196 |
| June 17, 2009 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Johnson |
| Pro Se Docket |
| Laurie Smith Camp |
| Plaintiff |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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| Document Text |
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Filing
11
MEMORANDUM AND ORDER - Plaintiff's Motion to Dismiss (Filing No. 8 ) is granted. This matter is dismissed without prejudice. The Clerk of the court is directed to strike from the record Plaintiff's Motion for Leave to Proceed In Forma Paup eris (Filing No. 2 ) and the Memorandum and Order granting that Motion (Filing No. 9 ). The Clerk of the court is directed to send a copy of this Memorandum and Order to the appropriate official at Plaintiff's institution. The institution shal l disregard the court's previous Memorandum and Order, and shall not collect any fees in this matter. A separate judgment will be entered in accordance with this Memorandum and Order. Plaintiff's July 21, 2009, Letter, construed as a motion, is denied as moot. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(TCL )
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Filing
9
STRICKEN - MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that:1. Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2 ) is granted. 2. Plaintiff shall pay an initial partial filing fee of $26.08 by August 14, 2009, unless an enlargem ent of time is granted in response to a written motion. If the initial partial filing fee is not received by the specified deadline, this case is subject to dismissal. 3. After payment of the initial partial filing fee, Plaintiff's institution s hall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forward those installments to the court. 4. The Clerk of the court is directed to send a copy of this Memorandum and Order t o the appropriate official at Plaintiff's institution. 5. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: August 14, 2009: initial partial filing fee payment due. 6. Plaintiff s hall keep the court informed of his current address at all times, and all parties are bound by the Federal Rules of Civil Procedure and by the court's Local Rules while this case is pending. 7. Plaintiff shall review the "Notice Regarding Summons Forms" attached to this Order. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(TCL ) Modified on 7/31/2009 to strike per Memorandum and Order 11 (TCL).
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