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07-3138 - Williams v. Flynn et al


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07-3138 - Williams v. Flynn et al
June 14, 2007
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ORDER granting 2 Motion for Leave to Proceed in forma pauperis; THEREFORE, IT IS ORDERED: That filing no. 2 the plaintiffs amended motion to proceed in forma pauperis,is granted, subject to the admonitions stated above in this Order. That the Clerk of Court shall send the plaintiff a summons and a Form-285 together with a copy of this order; because the plaintiff is proceeding IFP, the U.S. Marshalwill serve the defendant on the plaintiff's behalf; That the plaintiff shall, as soon as possible complete the forms and return them to the Clerk of Court; in the absence of the completed forms, service of process cannot occur; That, upon receipt of the completed summons and Form-285, the Clerk shall sign the summons and forward it, together with a copy of the complaint, to the U.S.Marshal for service on the defendant; the Marshal shall serve the summons and complaint without payment of costs or fees; service may be by certified mail pursuant to Fed. R. Civ. P. 4 and Nebraska law, in the discretion of the Marshal; That failure to obtain service on a defendant within 120 days from the filing of the complaint, as provided by Fed. R. Civ. P. 4(m), may result in dismissal of this matter without further notice; the Clerk shall bring this matter to the attention of the court if no defendant has been served by expiration of the 120-day deadline; That after an appearance has been filed by the defendant, the plaintiff shall serve on the defendant or, if an appearance has been entered by counsel, upon such counsel, a copy of every future document submitted to the court; parties usually serve copies of documents on other parties by first class mail; the plaintiff shall include with each document submitted to the court a "Certificate of Service" stating the date a true andcorrect copy of such document was mailed to each defendant or the attorney of arepresented defendant; to send communications to the court without serving a copy on the other parties to the case violates the rules of court; That a defendant has twenty (20) days after receipt of a summons to answer or otherwise respond to a complaint; That the plaintiff shall keep the court informed of his current address at all times while the case is pending; failure to do so may result in dismissal; and That the parties are bound by the Federal Rules of Civil Procedure and by the Local Rules of court in the prosecution of this case; the federal rules are available at any law library, and the local rules acket sheet)re available from the Clerk of Court at minimal cost, and also on the court's web site at www.ned.uscourts.gov. Ordered by Magistrate Judge F. A. Gossett.(PCV, ) (2 summons and 2 - 285 forms sent to the plaintiff at the address listed on the do
July 3, 2007
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y 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, )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 responsibilit
July 26, 2007
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urt shall return to the sender, at the address set forth in the document, the 285 form for service on Officer Mayberry. Ordered by Judge Richard G. Kopf. Copy of this order and 285 form for Officer Mayberry sent via U.S. Mail to sender as Ordered. (GJG, )ORDER - The Clerk of the Court shall change the name of defendant "Unknown Offlyn" in the court's records to "Unknown O. Flynn," and shall mail the 285 form for service of process on "O. Flynn". The Clerk of the Co
October 9, 2007
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MEMORANDUM AND ORDER Plaintiff failed to serve summons on Defendant Unknown Berryhill within 120 days of the filing of the Complaint in this matter. Plaintiff shall have 30 days, or until November 9, 2007, to show cause why this case should not be dismissed against Defendant Berryhill. The Clerk of the court is directed to set a pro se case management deadline with the following text: November 9, 2007: deadline for Plaintiff to show cause why service of process was not completed for Defendant Berryhill. Ordered by Judge Joseph F. Bataillon. (ADB)
December 4, 2007
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MEMORANDUM AND ORDER, IT IS THEREFORE ORDERED that:1. All claims against Defendant Unknown Berryhill are dismissed withoutprejudice.2. A separate progression order will be entered in this case. Party Unknown Berryhill terminated Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed to pro se party)(PCV, )
January 31, 2008
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ORDER - The Clerk of the court is directed to strike from the record Plaintiff's Motion for Temporary Restraining Order 14 and denying as moot 19 Motion to Extend Time to Respond. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(PCV, )
June 10, 2008
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MEMORANDUM AND ORDER granting 21 Motion for Summary Judgment; A separate judgment will be entered in accordance with this Memorandum and Order. The Final Pretrial Conference, scheduled for June 13, 2008 at 9:00 a.m. is cancelled. The Clerk of the court shall provide Magistrate Judge Piester with a copy of this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)