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05-3028 - Cullum v. Axdahl


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05-3028 - Cullum v. Axdahl
April 26, 2005
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ORDER TO SHOW CAUSE that the court assessed an initial partial filing fee in the Prisoner Payment Order. The deadline for payment of the initial fee has expired, but the records of the court show no payment of the initial fee. Accordingly, by May 16, 2005, the plaintiff shall file a pleading entitled Response to Order to Show Cause, explaining any reason the plaintiff may have why the above-entitled case should not be dismissed without prejudice for lack of prosecution. In the absence of cause shown by the deadline stated above, this case may be subject, without further notice, to dismissal without prejudice by Chief Judge Joseph F. Bataillon. Signed by Magistrate Judge F. A. Gossett on 4/26/2005. (CS, )
May 18, 2005
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MEMORANDUM AND ORDER that there has been no response to the show cause order by the plaintiff, and the deadline has expired, therefore, pursuant to NECivR 41.1, the plaintiff's complaint and the above-entitled actionare dismissed without prejudice. A separate judgment will be entered accordingly. Signed by Judge Joseph F. Bataillon on 5/18/2005. (MBB)
June 20, 2005
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ORDER - That the Motion to Reopen the Case 11 is granted. The court dismissed the above-entitled case for failure to prosecute after the plaintiff, a prisoner, failed to respond to an order to show cause regarding nonpayment of the plaintiff's initial partial filing fee. However, since that time, the court has received the initial partial filing fee. In addition, the previous dismissal was without prejudice and contained no restrictions or limitations onfuture prosecution of the plaintiff'?s claim. Therefore, the court will grant the plaintiff's request to reopen her case. Judgment is vacated. Signed by Judge Joseph F. Bataillon on 6/20/2005. (KBJ, )
October 31, 2005
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ORDER ON INITIAL REVIEW - To obtain service of process on the defendant, the plaintiff must complete and return forms which the Clerk of Court will provide. The Clerk of Court shall send ONE summons and ONE Form 285 to the plaintiff together with a copy of this Order. On the court's own motion, the plaintiff is granted an extension of time until 90 days from the date of this order to complete service of process. The plaintiff is hereby notified that failure to obtain service on a defendant within 90 days of the date of this order may result in dismissal of this matter without further notice. Signed by Magistrate Judge F. A. Gossett on 10/31/2005. - (Clerk has done as directed) (KBJ)
March 20, 2006
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ORDER - That filing no. 25, the plaintiff's Motion for Leave to Amend Complaint to Add Parties, is granted; the plaintiff shall have 30 days from the date of this Memorandum and Order to file an Amended Complaint;That filing no. 26, the defendant's Motion to Dismiss, is granted in part anddenied in part; insofar as the plaintiff may be attempting to recover damages or other relief for her loss of good-time credit, that relief is barred by the Supreme Court's decisions in Heck v. Humphrey, 512 U.S. 477 (1994), and Edwards v. Balisok, 520 U.S. 641 (1997); That filing no. 29, the plaintiff's Opposition to Motion to Dismiss, is granted; and in her Amended Complaint adding additional defendants, the plaintiff is advised torestate her claims to clarify that she is not attempting to recover relief for the loss of goodtime credit; and That upon the filing of an Amended Complaint, the defendant(s) shall have 20 days thereafter to answer or otherwise respond. Amended Complaint due by 4/19/2006. Signed by Judge Joseph F. Bataillon on 3/20/2006. (TJS)
September 5, 2006
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MEMORANDUM AND ORDER taking under advisement 34 Motion for Summary Judgment. The plaintiff shall have until September 25, 2006, to respond to thedefendant's Motion for Summary Judgment by filing a brief and any applicable evidentiarysupport. Ordered by Magistrate Judge F. A. Gossett.(ADB)
March 12, 2007
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ORDER denying 34 Motion for Summary Judgment; that Magistrate Judge F.A. Gossett is requested to schedule a settlement conference in this matter and that if the parties are unable to settle this matter, Magistrate Judge Gossett is requested to progress this case to a trial by jury before the undersigned district judge on a reasonably expedited basis. Ordered by Judge Joseph F. Bataillon.(PCV, ) (copy of order sent to plaintiff)
May 25, 2007
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ORDER Settlement Conference set for 6/26/2007 at 01:30 PM before Magistrate Judge F. A. Gossett.Ordered by Magistrate Judge F. A. Gossett. (PCV, ) Modified on 5/25/2007 to reflect that a copy of the order has been sent to the plaintiff and a cc of order to the NE Dept. of Corrections, Special Services Division,, P.O. Box 94661, Lincoln, NE 68509) (PCV, ).
June 22, 2007
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ORDER denying 45 Motion to Appoint Counsel; the Clerk of Court shall send a copy of this Memorandum and Order to the Plaintiff at her last-known address. Ordered by Magistrate Judge F. A. Gossett.(PCV, ) (copy of order sent to plaintiff at address listed on docket sheet)
July 3, 2007
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GENERAL ORDER 2007-09 concerning the management of pro se cases including supervision of pro se staff attorneys. Except for motions filed under 28 U.S.C. ยง 2255 and except for death penalty cases, Judge Kopf is assigned the overall responsibility for the management of pro se cases in the District of Nebraska and all previously filed pro se cases referred to Magistrate Judge Gossett or Magistrate Judge Thalken are herewith reassigned to Magistrate Judge Piester. The clerk's office shall file this order in each pending case referred to the Pro Se Docket in CM/ECF. Ordered by Judge Joseph F. Bataillon. (JSF)
December 5, 2007
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ORDER - Upon notice of settlement given to the magistrate judge by Dana Bradford, counsel for Plaintiff, on or before January 5, 2008, the parties shall electronically file a joint stipulation for dismissal stipulation. The final pretrial conference set for December 6, 2007, is cancelled upon the representation that this case is settled. All Deadlines: ( Dismissal Papers Deadline due by 1/5/2008.) Ordered by Magistrate Judge F. A. Gossett. (JAE, )
January 9, 2008
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ORDER granting 60 Stipulation for Dismissal; IT IS THEREFORE ORDERED that, pursuant to Fed. R. Civ. P. 41(a)(1), the plaintiffs cause of action against the defendant is hereby dismissed in its entirety, with prejudice, and with the parties to be responsible for their own costs and attorney fees. Ordered by Chief Judge Joseph F. Bataillon. (PCV, )