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17-172 - Gunther v. Schmitt


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17-172 - Gunther v. Schmitt
January 17, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the Court's form Civil Complaint and a copy of the Court's form Motion to Proceed In Forma Pauperis - Non Prisoner along with a CJA 23 financial affidavit. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Court-provided form within thirty (30) days of the date of this Order. Plaintiff is advised that his amended complaint will take the place of his original complaint and will be the only pleading that this Court will review. IT IS FURTHER ORDERED that plaintiff shall either pay the $400 filing fee or submit a motion to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. Signed by District Judge Ronnie L. White on January 17, 2017. (Attachments: # (1) Complaint, # (2) Motion to Proceed IFP)(BRP)
February 1, 2017
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that plaintiff shall cause service to be effected upon defendant Schmitt no later than 90 days from the date of the filing of the complaint. In absence of good cause shown, failure to timely serve said defendant shall result in the dismissal of plaintiffs claims as to said defendant without prejudice. IT IS FURTHER ORDERED that the Clerk of Court shall forward to plaintiff with a copy of this Order: i) a file-stamped copy of the complaint; ii) two (2) summons forms; iii) a "Notice of Intent to Use Private Process Server" form; and iv) two (2) Waiver of Service Forms.. Signed by District Judge Ronnie L. White on 2/1/2017. (NEB)
April 24, 2017
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs Motion for Appointment of Counsel (ECF No. 2) is DENIED without prejudice. Signed by District Judge Ronnie L. White on 04/24/2017. (KCB)
June 6, 2017
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant's Motion to Consolidate (Doc. 21 ) is GRANTED. Case number 4:17-cv-00172-RLW is consolidated with the above-captioned case. Case number 4:17-cv-00172-RLW shall be reassigned to the undersigned United States Magistrate Judge. The Clerk of Court is directed to issue Notice Regarding Magistrate Judge Jurisdiction forms to both parties in that case once it reassigned to Magistrate Judge Collins and bears Case No. 4:17-cv-00172-NCC. The Parties have twenty-one days from the date of this Order to file their Notice Regarding Magistrate Judge Jurisdiction forms in Case No. 4:17-cv-00172-NCC. Failure to file these forms in Case No. 4:17-cv-00172-NCC may result in the reassignment of the consolidated cases. Thereafter, all future filings shall be made in this case and shall contain the case number 4:16-cv- 01606-NCC. A copy of this Order shall be filed in case number 4:17-cv-00172-RLW. IT IS FURTHER ORDERED that Defendants Dr. Stacey Neff and David Schmitt shall answer or otherwise respond to Plaintiff's claims within fourteen (14) days of the date of this Order. IT IS FURTHER ORDERED that Defendant Stacey Neff's Motion for Extension of Time to File Responsive Pleading (Doc. 24 ) is DENIED, as moot. Signed by Magistrate Judge Noelle C. Collins on 6/6/17. (KXS)
December 8, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (Doc. 27) is GRANTED. The consolidated action is DISMISSED, with prejudice. A separate Order of Dismissal will accompany this Memorandum and Order. This Memorandum and Order and the Order of Dismissal shall be filed in the above-captioned case as well as the consolidated case, Case Number 4:17-cv-00172-NCC, and both cases shall be closed. Signed by Magistrate Judge Noelle C. Collins on December 8, 2017. (BRP)