Npimnee v. State of Nebraska et al
| Davonte Hazel, Hope Npimnee and Titus Williams |
| State of Nebraska, Lancaster County Jail and William Goracke |
| 8:2022cv00409 |
| November 30, 2022 |
| US District Court for the District of Nebraska |
| Joseph F Bataillon |
| Pro Se Docket |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 19 SECOND LETTER by Clerk requesting plaintiff's trust account statement from institution. (ADB) |
Filing 18
MEMORANDUM AND ORDER granting #17 Motion to Judicial Notice and Re-order. The Clerk of Court is directed to issue a second letter to the Lancaster County Jail requesting Plaintiff's trust account statement be submitted to this Court. If a response to the Court's second letter to the Lancaster County Jail is not received by February 7, 2023, Plaintiff shall have until March 9, 2023, to submit his certified trust account statement to this Court or move for a continuance of that deadline, or this matter will be subject to dismissal without further notice. The Clerk of Court shall set a pro se case management deadline using the following text: March 9, 2023: deadline to receive trust account statement or motion to continue deadline. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)
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| Filing 17 MOTION to Judicial Notice and Re-order on behalf of Plaintiff Hope Npimnee.(LRM) |
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Filing 16
AMENDED MEMORANDUM AND ORDER - The non-lead Plaintiffs, Hazel and Williams, shall be severed from this case. The Clerk's Office is instructed to open a new case for Hazel, filing a copy of the Complaint, Filing No. #1 , and a copy of his IFP motion, Filing No. #11 , from the instant matter, and after the new case is opened, request an institutional trust account statement for Hazel. The Clerks Office is instructed to open a new case for Williams, including a copy of the Complaint, Filing No. #1 , and a copy of his IFP motion, Filing No. #13 , from the instant matter, and after the new case is opened, request an institutional trust account statement for Williams. The lead plaintiff Npimnee's case shall remain under the instant case number 8:22-cv-409. The Clerk's Office is instructed to update the case caption to reflect Hope Npimnee as the only plaintiff remaining in this case and to request an institutional trust account statement for Npimnee. As the Motion for Summons, Filing No. #4 , was filed on behalf of all plaintiffs Npimnee, Hazel, and Williams, it is hereby denied without prejudice. The Motion to Appoint Counsel, Filing No. #3 , filed only by plaintiff Npimnee, will remain on the docket and shall be addressed by this Court in due course. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
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| Filing 15 LETTER by Clerk requesting plaintiff's trust account statement from institution. (MKR) |
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Filing 14
MEMORANDUM AND ORDER - The non-lead Plaintiffs, Hazel and Williams, shall be severed from this case. The Clerk's Office is instructed to open a new case for Hazel, filing a copy of the Complaint, Filing No. #1 , and a copy of his IFP motion, Filing No. #11 , from the instant matter, and after the new case is opened, request an institutional trust account statement for Hazel. The Clerk's Office is instructed to open a new case for Williams, including a copy of the Complaint, Filing No. 1, and a copy of his IFP motion, Filing No. 13, from the instant matter, and after the new case is opened, request an institutional trust account statement for Hazel. The lead plaintiff Npimnees case shall remain under the instant case number 8:22-cv-409. The Clerks Office is instructed to update the case caption to reflect Hope Npimnee as the only plaintiff remaining in this case and to request an institutional trust account statement for Npimnee. As the Motion for Summons, Filing No. #4 , was filed on behalf of all plaintiffs Npimnee, Hazel, and Williams, it is hereby denied without prejudice. The Motion to Appoint Counsel, Filing No. #3 , filed only by plaintiff Npimnee, will remain on the docket and shall be addressed by this Court in due course. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
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| Filing 13 MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Titus Williams. (LRM) |
| Filing 12 NOTICE of separation on behalf of Plaintiff Titus Williams. (LRM) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Davonte Hazel. (LRM) |
| Filing 10 NOTICE of separation on behalf of Plaintiff Davonte Hazel. (LRM) Modified on 12/12/2022 to correct docket text (LRM). |
| Filing 9 MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Hope Npimnee.(LRM) |
| Filing 8 NOTICE of separation on behalf of Plaintiff Hope Npimnee. (LRM) |
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Filing 7
MEMORANDUM AND ORDER -The non-lead Plaintiffs, Davonte Hazel and Titus Williams, shall have 30 days from the date of entry of this order in which to advise the Court whether they wish to continue as a Plaintiff in this group action. If, by that deadline, any non-lead Plaintiff advises the Court that they do not wish to participate in the action, they 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. The IFP motion, Filing No. #2 , is hereby denied without prejudice to reassertion in a motion to proceed IFP that complies with 28 U.S.C. 1915 filed by Npimnee individually. Npimnee is directed to submit the $402.00 fees to the Clerk's office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action will result in Npimnee's dismissal from this matter without further notice. The Clerk's Office is directed to send the Form AO240 to Npimnee. Additionally, each non-lead Plaintiff, Davonte Hazel and Titus Williams, who choose to continue as a Plaintiff, either in this action or in a severed individual case, is hereby ORDERED to pay a fee of $402.00 or file a properly completed motion for leave to proceed IFP within 30 days from the date of this Memorandum and Order. The Clerks Office is directed to also send the Form AO240 to Hazel and Williams. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 1/5/2023: check for response from non-lead Plaintiffs) Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with (3) AO240 Forms)(MKR)
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Filing 6
GENERAL ORDER NO. 2022-04: 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 Robert F. Rossiter, Jr. (Copy mailed to pro se parties)(MKR)
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| Filing 5 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (MKR) |
| Filing 4 MOTION for Summons on behalf of Plaintiffs Davonte Hazel, Hope Npimnee and Titus Williams.(MKR) |
| Filing 3 MOTION to Appoint Counsel filed on behalf of Plaintiff Hope Npimnee.(MKR) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiffs Davonte Hazel, Hope Npimnee and Titus Williams.(MKR) |
| Filing 1 COMPLAINT against William Goracke, Lancaster County Jail, State of Nebraska; no Summons issued, filed on behalf of Plaintiffs Davonte Hazel, Titus Williams and Hope Npimnee. (MKR) |
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