Herzog v. Stephenson et al
| Andrew A. Herzog |
| Tylannne Beure, Bill Gibbs, Joel B. Jay, Doctor Stephen O'Niel, Paul Schaub, Tom Soontag and Daryl Stephenson |
| 8:2010cv00381 |
| October 8, 2010 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Laurie Smith Camp |
| Pro Se Docket |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
18
MEMORANDUM AND ORDER - Plaintiff's Motion to Amend (case no. 8:10CV313, filing no. 49) is granted. In accordance with the court's January 26, 2011, Memorandum and Order, Case Numbers 8:10CV313 and 8:10CV381 are consolidated. Because the cla ims alleged in Case Number 8:10CV381 are now contained in Case Number 8:10CV313, Case Number 8:10CV381 is closed. The Clerk of the court is directed to transfer the Defendants from Case Number 8:10CV381 to Case No. 8:10CV313 and close Case Number 8:1 0CV381. The Clerk of the court is directed to apply the portion of the filing fee paid in Case Number 8:10CV381 to Case Number 8:10CV313. All further pleadings shall be filed in Case Number 8:10CV313. Plaintiff's claims against Stephenson, Schau b, Soontag, Jay, Gibbs and Beure and Plaintiff's official capacity claims against O'Niel are dismissed. Plaintiff's access to court claim against O'Niel in his individual capacity is dismissed. Plaintiff's First Amendment cla im against O'Niel in his individual capacity may proceed. Plaintiff's Motion to Appoint Counsel (case no. 8:10CV313, filing no. 48) is denied without prejudice to reassertion. Plaintiff's Motion to Deny Defendant's Motions (case no. 8:10CV313, filing no. 50) and Motion for Default (case no. 8:10CV313, filing no. 51) are denied.Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG, )
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Filing
11
MEMORANDUM AND ORDER granting 4 Motion for Leave to Proceed in forma pauperis. Plaintiff Andrew A. Herzog shall pay an initial partial filing fee of $2.50 by 11/29/2010, unless an enlargement of time is granted in response to a written motion. Pro Se Case Management Deadline set for 11/29/2010: initial partial filingfee payment due. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party and plaintiff's institution)(JAB)
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