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05-3291 - Caton v. Wilson et al


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05-3291 - Caton v. Wilson et al
December 5, 2005
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SF)PRISONER PAYMENT ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Bruce Caton is ordered to pay the initial partial filing fee of $5.83 by 1/13/06. The Clerk shall send a copy of this order to appropriate officer at plaintiff's institution. Signed by Magistrate Judge F. A. Gossett on 12/5/2005. COPIES MAILED to Inga Hookstra, Accounting/Finance Manager, Nebraska Department of Correctional Services, Central Office Accounting, PO Box 94661, Lincoln, NE 68508 (J
December 14, 2005
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MEMORANDUM AND ORDER that Plaintiff remains liable for the filing fee in thiscase and his institution will continue to withdraw funds from hisinmate trust account when funds become available. Plaintiff may file a pleading by 1/16/06, stating his intent to withdraw his motion to dismiss 6. If the plaintiff does not file a pleading withdrawing his motion to dismiss by 1/16/06, the plaintiff's complaint and this action will be dismissed withoutprejudice. Signed by Judge Lyle E. Strom on 12/14/2005. (JSF)
January 11, 2006
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MEMORANDUM AND ORDER that the Court's prior prisoner payment order 5 is vacated. Plaintiff's motion for leave to proceed in formapauperis 2 is denied nunc pro tunc. The vacatedprisoner payment order in this case is now null and void and mayno longer be used as authority for withdrawal of funds from theplaintiff's institutional trust account. The Clerk of Courtshall send a copy of this order to the financial officer for theplaintiff's institution. This action is dismissed without prejudice. Signed by Judge Lyle E. Strom on 1/11/2006. COPIES MAILED to Inga Hookstra, Accounting/Finance Manager, Nebraska Department of Correctional Services, Central Office Accounting, PO Box 94661, Lincoln, NE 68508 (JSF)