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07-8043 - Rivera v. Elliot et al


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07-8043 - Rivera v. Elliot et al
August 6, 2007
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ORDER granting Pla's 3 Motion for Leave to Proceed in forma pauperis. As required by the accompanying Order to the appropriate government agency, Pla must pay the $350.00 filing fee and is assessed an initial partial filing fee of $40.29. The Complaint 1 is dismissed for failure to state a claim. Pla has30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. If Pla fails to file an amended complaint within 30 days, the Clerk must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal counts as a "strike" under 28 U.S.C. 1915(g). The Clerk must mail Pla a court-approved form for filing a civil rights complaint by a prisoner. Signed by Judge Stephen M McNamee on 8/3/07.(KMG)
August 6, 2007
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ORDER FOR PAYMENT OF INMATE FILING FEE - Directing Monthly Payments be made from Prison Account of Rafael Carrisoza Rivera. Signed by Judge Stephen M McNamee on 8/3/07. (KMG)
August 30, 2007
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ORDER granting Pla's 6 Motion for Extension of Time. Pla has 30 days from the date this Order is filed to file a first amended complaint in compliance with the Court's 8/6/07 Order. If Pla fails to file an amended complaint within 30 days, the Clerk without further notice, enter a judgment of dismissal of this action with prjudice that states that the dismissal counts as a "strike" under 28 U.S.C. 1915(g).Special Prisoner Deadline due by 10/1/2007.. Signed by Judge Stephen M McNamee on 8/29/07.(KMG)
October 10, 2007
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to Magistrate Judge Michelle H. Burns pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings. Service Packet due by 10/30/2007. Signed by Judge Stephen M McNamee on 10/9/07. (KMG)ORDER (Service Packet) Counts II and III of the Amended Complaint are dismissed without prejudice. Dfts Elliot, Malone, Soulbe, and Jumpe must answer Count I of the Amended Complaint. The Clerk must send Pla a service packet including the Amended Complaint 8, this Order, and both summons and request for waiver forms for Dfts Elliot, Malone, Soulbe, and Jumpe. Pla must complete and return the service packet to the Clerk within 20 days of the date of filing of this Order. This matter is referred
January 24, 2008
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ORDER withdrawing the reference to the Magistrate Judge as to Dft's Motion to Dismiss 14. All other matters shall remain with the Magistrate Judge for disposition as appropriate. Signed by Judge Stephen M McNamee on 1/24/08. (KMG)
June 10, 2008
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ORDER denying Dft Elliot's 14 Motion to Dismiss. The State Dfts' Motion to Dismiss 28 is denied. Elliot is directed to file her Answer to the First Amended Complaint within 10 days of this Order. Signed by Judge Stephen M McNamee on 6/10/08.(KMG)
October 24, 2008
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ORDER - Upon 74 Stipulation for Dismissal with Prejudice, IT IS HEREBY ORDERED that the above-captioned action is dismissed with prejudice as to Dfts Marvin Jump, Sean Malone, and Jerry Soulvie, each party to bear its own costs and fees, including attys' fees. FURTHER ORDERED that the pending 71 Motion for Summary Judgment Dfts Marvin Jump, Sean Malone, and Jerry Soulvie is herebyVACATED. Signed by Judge Stephen M McNamee on 10/23/08. (SAT)
October 24, 2008
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ORDER - Upon 75 Stipulation for Dismissal, IT IS HEREBY ORDERED that the above-captioned action is dismissed with prejudice as to Dft Darla Elliott, each party to bear its own costs and fees, including attys' fees. FURTHER ORDERED that the pending 68 Motion for Summary Judgment by Dft Darla Elliott is hereby VACATED. FURTHER ORDERED that the Clerk of Court shall terminate this action. Signed by Judge Stephen M McNamee on 10/23/08. (SAT)