Chae v. Rodriguez et al
Bong H. Chae |
Paul Rodriguez, Barbara Lewien, Mike Kenny, Robert P. Houston, Stephanie Bruhn and Cameron S. White |
8:2013cv00166 |
May 28, 2013 |
US District Court for the District of Nebraska |
8 Omaha Office |
Joseph F. Bataillon |
Pro Se Docket |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
Available Case Documents
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Filing 23 MEMORANDUM AND ORDER regarding: Notice of Appeal to USCA 20 . Plaintiff is permitted leave to appeal in forma pauperis. Plaintiff shall pay an initial partial filing fee of $2. 38 by January 2, 2014, unless an enlargement of time is granted in response to a written motion. After payment of the initial partial filing fee, Plaintiffs institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forward those i nstallments to the court. The Clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiffs institution and to the Eighth Circuit Court of Appeals. ( Prisoner Payment due by 1/2/2014.) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(MKR) |
Filing 17 MEMORANDUM AND ORDER -For the reasons set forth in this Memorandum and Order and in the court's Memorandum and Order dated September 26, 2013, this matter is dismissed without prejudice for failure to state a claim upon which relief may be gr anted. The clerk's office is directed to place the "28USC1915(g)_STR" flag on this matter. A separate judgment will be entered in accordance with this Memorandum and Order. The pending motions for status, counsel, and summons are d enied as moot. (Filing Nos. 12 MOTION to Appoint Counsel, 14 MOTION for praecipe for summons, and 9 MOTION Inquiry of Status for the Motion for Praecipe for Summons. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR) |
Filing 10 MEMORANDUM AND ORDER - Plaintiff's claims for monetary relief against Defendants in their official capacities are dismissed, as are his Fourteenth Amendment due process claims. Plaintiff's Motion for the Appointment of Counsel (Filing No. 4 ) is denied without prejudice to reassertion. In light of the foregoing, Plaintiffs Motion for Status (Filing No. 7 ) is granted to the extent it is consistent with this Memorandum and Order. In light of the foregoing, Plaintiffs Motion for Pra ecipe for Summons (Filing No. 8 ) is denied. Plaintiffs Complaint fails to state a claim upon which relief may be granted and, therefore, this matter may not proceed to service of process at this time. Plaintiff shall have 30 days from the date of this Memorandum and Order to file an amended complaint that clearly states an equal-protection claim upon which relief may be granted against Defendants, in accordance with this Memorandum and Order. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 10/18/2013: Check for amended complaint), Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR) |
Filing 6 MEMORANDUM AND ORDER granting the Plaintiff's 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Bong H. Chae shall pay an initial partial filing fee of $3.05 by July 11, 2013, unless an enlargement of time is granted in respon se to a written motion. Pro Se Case Management Deadline set for 7/11/2013: initial partial filing fee payment due. The Clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiff's institution. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(MKR) |
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