Barber et al v. Frakes et al
| Raysean Barber and Guy Collins |
| Nate Shwab, Amy Rezney, Taggart Boyd, Dr. Mark Lukin, Robin Church, Scott Frakes, Betty Gergen, Miki Hollister, Kristina Milburn, Jacque Gooding, Ted Hill and Dr. Megan Ford |
| 8:2018cv00410 |
| August 27, 2018 |
| US District Court for the District of Nebraska |
| Pro Se Docket |
| Richard G Kopf |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on November 17, 2020. A more recent docket listing may be available from PACER.
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| TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Raysean D. Barber on 10/24/2018. Receipt number 8049294, in the amount of $ 10.00. (TCL) |
Filing 13
MEMORANDUM AND ORDER that RaySean Barber is the only remaining plaintiff in this matter. Collins is dismissed from this action without prejudice for want of prosecution and for failure to comply with an order from this court. Collins incurred the obligation to pay the $350.00 filing fee for this action when he declined the opportunity to voluntarily withdraw from the case. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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Filing 12
MEMORANDUM AND ORDER - that Barber's Motion for Extension (filing no. #11 ) is denied as moot. The next step in Barber's case is for the court to conduct an initial review of his claims to determine whether summary dismissal is appropriate under 28 U.S.C. 1915(3)(2). The court will conduct this review in its normal course of business. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
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| Filing 11 MOTION for Extension on behalf of Plaintiff Raysean Barber. (SLP) |
| Filing 10 LETTER with clerk's response on behalf of Plaintiff Raysean Barber.(TCL) |
| TEXT ENTRY THAT FILING fee paid on behalf of Raysean Barber on 9/25/18. Receipt number 8048994, in the amount of $69.01. (LAC) |
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Filing 9
MEMORANDUM AND ORDER - Plaintiff Barber's Motion for Leave to Proceed IFP (filing no. #2 ) is granted. Plaintiff Barber must pay an initial partial filing fee of $69.01 within 30 days, unless the court extends the time in which he has to pay 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 Barber's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. 1915(b)(2), quoted above, and forward those payments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff Barber's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: October 1, 2018: initial partial filing fee payment due. Plaintiff Barber shall 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 courts Local Rules while this case is pending. Ordered by Senior Judge Richard G. Kopf. (Copies mailed to pro se parties and Barber's institution) (LKO)
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Filing 8
MEMORANDUM AND ORDER - The non-lead Plaintiff, Collins, shall have 30 days from the date of entry of this order in which to advise the court whether he wishes to continue as a Plaintiff in this group action. If, by that deadline, Collins advises the court that he does not wish to participate in the action, he will be dismissed from the lawsuit and will not be charged a filing fee for this action. This is the only way to avoid the obligation to pay a filing fee for this action. Alternatively, if any Plaintiff (including lead Plaintiff Barber) wants to pursue his claims individually in a separate lawsuit, he shall so advise the court in writing, and his claims shall be severed into a new action where a filing fee will be assessed. If non-lead Plaintiff, Collins, chooses to continue as a Plaintiff, either in this action or in a severed individual case, he is hereby ORDERED to pay a fee of $400.00 or file a properly completed motion for leave to proceed in forma pauperis (IFP) within 30 days from the date of this Memorandum and Order. The clerk's office is directed to send the Form AO240 to Collins. Failure to submit a properly completed IFP motion does not relieve a non-lead Plaintiff of the obligation to pay a filing fee, unless he also submits timely written notice that he does not intend to proceed with the action. Any non-lead Plaintiff who simply does not respond to this Memorandum and Order within 30 days will be obligated to pay the full filing fee and will also be dismissed from this action for want of prosecution and/or for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Plaintiffs are again WARNED that future group motions or pleadings that do not comply with the group pleading requirements discussed herein shall be stricken pursuant to Rule 11(a). Plaintiffs are further ADVISED that each of them is under a continuing obligation to keep the court informed of any change in his address. The clerk's office is directed to set the following pro se case management deadline in this matter: October 1, 2018: Check for response from non-lead plaintiff. Ordered by Senior Judge Richard G. Kopf. (Copies mailed to pro se parties) (LKO)
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Filing 7
GENERAL ORDER NO. 2016-02: This general order provides for the management and assignment of cases filed by a plaintiff or petitioner without counsel. This general order also includes the definition of the pro se docket, responsibilities of the pro se law clerks and scheduling and discovery requirements in pro se cases. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (LKO)
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| Filing 6 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (LKO) |
| Filing 5 REQUEST for SUMMONS on behalf of Plaintiff Raysean Barber. (Attachments: #1 Summons) (LKO) |
| Filing 4 NOTICE of Change of Address on behalf of Plaintiff Raysean Barber. (LKO) |
| Filing 3 PRISONER ACCOUNT STATEMENT by Plaintiff Raysean Barber. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (LKO) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Raysean Barber. (LKO) |
| Filing 1 COMPLAINT against Taggart Boyd, Robin Church, Megan Ford, Scott Frakes, Betty Gergen, Jacque Gooding, Ted Hill, Miki Hollister, Mark Lukin, Kristina Milburn, Amy Rezney and Nate Shwab filed on behalf of pro se plaintiff's Guy Collins and Raysean Barber. (LKO) |
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