Crocker v. State of Nebraska

Crocker v. State of Nebraska

Plaintiff:	Lonnie Crocker
Defendant:	State of Nebraska
Case Number:	8:2014cv00102
Filed:	April 1, 2014
Court:	US District Court for the District of Nebraska
Office:	8 Omaha Office
Presiding Judge:	Pro Se Docket
Presiding Judge:	Richard G. Kopf
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	None

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Date Filed	Document Text
June 12, 2014	Filing 11 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Complaint (filing no. 1 ) is dismissed without prejudice because Plaintiff failed to comply with this court's orders. A separate judgment will be entered in accordance with this Memorandum and Order. Plaintiff's Motions for the Appointment of Counsel (Filing No. 4 and Filing No. 9 ) are denied as moot. In the alternative, the motions are denied because the court has carefully reviewed the record and finds that there is no need for the appointment of counsel. The court cannot routinely appoint counsel in civil cases. In Davis v. Scott, 94 F.3d 444, 447 (8th Cir. 1996), the Eighth Circuit Court Appeals explained that "[i]ndigent civil litigants do not have a constitutional or statutory right to appointed counsel.... The trial court has broad discretion to decide whether both the plaintiff and the court will benefit from the appointment of counsel...." Id. (quotation and citation omitted). No such benefit is apparent here. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
April 15, 2014	Filing 10 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion for Leave to Proceed In Forma Pauperis (filing no. 5 ) is granted. Plaintiff shall pay an initial partial filing fee of $17.91 by May 12, 2014, unless an enlargemen t 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 will be dismissed. After payment of the initial partial filing fee, Plaintiff's institution shall col lect 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. The Clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: May 12, 2014: initial partial filing fee payment due. Plaintiff shall keep the court informed of h is 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. Plaintiff's Motion for Issuance of Summons (filing no. 3 ) is denied. Plaintiff shall review the "Notice Regarding Summons Forms" attached to this Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(TCL )

Date Filed

Document Text

June 12, 2014

Filing 11 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Complaint (filing no. 1 ) is dismissed without prejudice because Plaintiff failed to comply with this court's orders. A separate judgment will be entered in accordance with this Memorandum and Order. Plaintiff's Motions for the Appointment of Counsel (Filing No. 4 and Filing No. 9 ) are denied as moot. In the alternative, the motions are denied because the court has carefully reviewed the record and finds that there is no need for the appointment of counsel. The court cannot routinely appoint counsel in civil cases. In Davis v. Scott, 94 F.3d 444, 447 (8th Cir. 1996), the Eighth Circuit Court Appeals explained that "[i]ndigent civil litigants do not have a constitutional or statutory right to appointed counsel.... The trial court has broad discretion to decide whether both the plaintiff and the court will benefit from the appointment of counsel...." Id. (quotation and citation omitted). No such benefit is apparent here. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )

April 15, 2014

Filing 10 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion for Leave to Proceed In Forma Pauperis (filing no. 5 ) is granted. Plaintiff shall pay an initial partial filing fee of $17.91 by May 12, 2014, unless an enlargemen t 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 will be dismissed. After payment of the initial partial filing fee, Plaintiff's institution shall col lect 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. The Clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: May 12, 2014: initial partial filing fee payment due. Plaintiff shall keep the court informed of h is 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. Plaintiff's Motion for Issuance of Summons (filing no. 3 ) is denied. Plaintiff shall review the "Notice Regarding Summons Forms" attached to this Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(TCL )

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Defendant: State of Nebraska
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Plaintiff: Lonnie Crocker
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