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06-3095 - Ruegge v. State of Nebraska et al


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06-3095 - Ruegge v. State of Nebraska et al
May 15, 2006
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PRISONER PAYMENT ORDER - That filing no. 2 the plaintiff's motion to proceed IFP, is granted. The plaintiff shall pay an initial partial filing fee of $5.33 by June 26, 2006, unless an enlargement of time is granted in response to a written motion; in the absence of the initial partial filing fee by the specified deadline, this case may be subject to dismissal. After payment of the initial partial filing fee, the plaintiff's institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. section 1915(b)(2), quoted above, and shall forward those installments to the court. The Clerk of Court shall send a copy of this order to the appropriate official at the plaintiff's institution. The plaintiff shall keep the court informed of his current address at all times, and that all parties are bound by the Federal Rules of Civil Procedure and by the court's Local Rules, while this case is pending. The plaintiff shall review the "Notice Regarding Summons Forms" attached to this Order Signed by Magistrate Judge F. A. Gossett on 5/15/2006. Copy mailed as ordered. (GJG, )
May 24, 2006
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ORDER ON INITIAL REVIEW - To obtain service of process on the defendants, the plaintiff must complete and return forms which the Clerk of Court will provide. The Clerk of Court is directed to provide the plaintiff with three summons forms and three Form-285s and a copy of this order. Service of Summons due by 9/25/2006. Signed by Magistrate Judge F. A. Gossett on 5/24/2006. 3 summons and 285 forms mailed. (GJG, )
July 14, 2006
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ORDER - The plaintiff is responsible for paying the $350.00 filing fee. The Clerk of the Court is directed to send a copy of this order to the plaintiff's institution. Signed by Magistrate Judge F. A. Gossett on 7/14/2006. Copies mailed as ordered. (GJG, )
February 20, 2007
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MEMORANDUM AND ORDER regarding pending motions. THEREFORE, IT IS ORDERED:1. That filing no. 17, the Motion to Dismiss filed by Holt County Attorney Thomas P. Herzog, in his individual capacity, is granted, and the plaintiff's claims against Mr. Herzog in his individual capacity are dismissed; Mr. Herzog in his official capacity (i.e., Holt County, Nebraska, remains a party to this action); 2. That filing no. 41, the Motion to Dismiss filed by Dave Spiegel, Captain Rice and Investigator Harris is granted, and those defendants, in both capacities, are dismissed from this litigation; and 3. That filing no. 43, the Motion to Dismiss filed by Nebraska State Probation Officer Tara Price, is granted, but the plaintiff shall have thirty (30) days from the date of this order to file a motion requesting another opportunity to serve Ms. Price with process in light of the understandable confusion as to her employer; however, leave to serve any other defendant(s) will not be granted, and any motion filed after the thirty-day deadline set forth above will not be granted. Party Unknown Harris; Unknown Rice; Unknown Spiegal; Thomas P. Herzog and Tara Price terminated. Ordered by Judge Richard G. Kopf.(JAR)
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. § 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 Chief Judge Bataillon. (JAE, )
February 19, 2008
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MEMORANDUM AND ORDER granting 51 Motion to Dismiss. The motion in filing 51, insofar as it seeks to dismiss the official capacity claim against Price, is granted pursuant to Fed. R. Civ. P. 12(b)(1) and (6) and 28 U.S.C. § 1915(e)(2)(B), based on Eleventh Amendment immunity; The motion in filing 51, insofar as it seeks to dismiss the individual capacity claim against Price, is granted pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915(e)(2)(B), for failure to state a claim; By March 19, 2008, Plaintiff shall either file a new Application to Proceed in Forma Pauperis or pay the remainder of the $350 filing fee ($190.00). If Plaintiff fails to comply with this memorandum and order, this case may be subject to dismissal after March 19, 2008 without further notice. Pro Se Case Management Deadline: March 19, 2008: deadline for Plaintiff to file new IFP application or pay filing fee. The Clerk of the Court is directed to correct the name of defendant "unknown Gamble" to "Mark Campbell;" After entry of this order, the sole remaining defendants are the City of O'Neill police officers (Clyde, Machett, and Parks ) and Mark Campbell, a Woodbury County, Iowa county attorney, all in both their official and individual capacities. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party with form AO 240)(JAB)
February 20, 2008
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MEMORANDUM AND ORDER regarding Memorandum and Order, 55. IT IS ORDERED that filing 55 is hereby modified and amended as follows: 1. Pages 1, 2, and 7 indicate that Plaintiff has paid $160.00 of the court's $350.00 filing fee, and that $190.00 of the filing fee remains unpaid. This is incorrect. The correct calculation is as follows: Plaintiff has paid $150.00 of the court's $350.00 filing fee, and $200.00 of the filing fee remains unpaid. 2. Pages 7 and 8 list the defendants that remain after entry of the February 19, 2008 order. Those listings inadvertently omitted defendant Thomas P. Herzog, in his official capacity as Holt County Attorney. Pages 7 and 8 are modified to provide as follows: After entry of this order, the sole remaining defendants are the City of ONeill police officers (Clyde, Machett, and Parks) and Mark Campbell, a Woodbury County, Iowa county attorney, all in both their official and individual capacities and Thomas P. Herzog, in his official capacity as Holt County Attorney. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
August 8, 2008
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MEMORANDUM AND ORDER regarding motions. Motion for summary judgment (filing no. 57) is granted in favor of Defendants Matchett, Clyde and Parks in their official and individual capacities. This case is dismissed without prejudice against these defendants in their individual and official capacities. Motion for summary judgment (filing no. 60) is granted in favor of Defendant Thomas P. Herzog in his official capacity. This case is dismissed with prejudice against this defendant in his official capacity. On the Court's own motion and pursuant to Federal Rule of Civil Procedure 4(m), dismissal is granted in favor of Defendant Mark Campbell, a Woodbury County, Iowa prosecutor, in his individual and official capacities. This case is dismissed without prejudice against this defendant. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKL)