Lightfeather v. Lee's Auto Sales
Plaintiff: Austin E. Lightfeather
Defendant: Lee's Auto Sales
Case Number: 8:2021cv00110
Filed: March 15, 2021
Court: US District Court for the District of Nebraska
Presiding Judge: Pro Se Docket
Referring Judge: Richard G Kopf
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 22, 2021 Opinion or Order Filing 12 JUDGMENT - PRO SE - Pursuant to Plaintiff's Motion to Dismiss (Filing #11 ), filed prior to service of summons, this case is dismissed without prejudice under Fed. R. Civ. P. 41. Plaintiff is hereby notified that the filing of a notice of appeal will make him liable for payment of the full $505.00 appellate filing fee regardless of the outcome of the appeal. This is because the Prison Litigation Reform Act requires an incarcerated civil appellant to pay the full amount of the $505.00 appellate filing fee by making monthly payments to the court, even if he or she is proceeding in forma pauperis. 28 U.S.C. 1915(b). By filing a notice of appeal, Plaintiff will be consenting to the deduction of the $505.00 filing fee from his prison account by prison officials. (Attachments: #1 Notice - Civil Appeals in Pro Se Cases) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
April 21, 2021 Filing 11 MOTION to Dismiss on behalf of Plaintiff Austin E. Lightfeather.(MKR)
April 15, 2021 Filing 10 CORRESPONDENCE on behalf of Plaintiff Austin Edward Lightfeather. (TCL)
April 14, 2021 Filing 9 CORRESPONDENCE on behalf of Plaintiff Austin Edward Lightfeather. (MKR)
March 31, 2021 Opinion or Order Filing 8 MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing #6 ), is granted. The filing fee shall be collected and remitted, as funds exist, in the manner set forth in 28 U.S.C. 1915(b)(2). Until the full filing fee of $350.00 is paid, the prisoner shall be obligated to pay, and the agency having custody of the prisoner shall forward to the clerk of the court, 20 percent of the preceding month's income in such months as the account exceeds $10.00. The clerk of the court shall serve a copy of this order on the appropriate financial officer for Plaintiff's current institution. The next step in Plaintiff's case will be for the court to conduct an initial review of Plaintiff's claims to determine whether summary dismissal is appropriate under 28 U.S.C. 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party & plaintiff's institution)(LKO)
March 31, 2021 Filing 7 PRISONER ACCOUNT CERTIFICATE by Plaintiff Austin E. Lightfeather. 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)
March 29, 2021 Filing 6 MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Austin E. Lightfeather.(TCL)
March 23, 2021 Opinion or Order Filing 5 MEMORANDUM AND ORDER- Plaintiff's "1) Motion to Proceed, Leave of In Forma Pauperis, Request an AO 240 Application for this new case, 2) Motion to Waive Partial Filing Fee, to have Initial Review" (Filing #2 ) is denied without prejudice to reassertion in a motion to proceed in forma pauperis that complies with 28 U.S.C. 1915. Plaintiff is directed to submit the $402.00 fees to the clerks office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action will result in dismissal of this matter without further notice. The clerk of the court is directed to send to Plaintiff the Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit"). Pro Se Case Management Deadline set for 4/22/2021: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party WITH AO240 FORM)(MKR)
March 15, 2021 Opinion or Order Filing 4 GENERAL ORDER NO. 2020-01: 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 John M. Gerrard. (Copy mailed to pro se party) (LAC)
March 15, 2021 Filing 3 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LAC)
March 15, 2021 Filing 2 MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Austin E. Lightfeather.(LAC)
March 15, 2021 Filing 1 COMPLAINT against Lee's Auto Sales filed on behalf of pro se plaintiff Austin E. Lightfeather. (LAC)

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