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09-3140 - Bush v. Thurber


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09-3140 - Bush v. Thurber
July 28, 2009
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MEMORANDUM AND ORDER granting 2, Plaintiff's Motion for Leave to Proceed in forma pauperis. The plaintiff shall pay an initial partial filing fee of $2.53 by August 24, 2009, unless an enlargement of time is granted in response to a written motion. If the initial partial filing fee is not received by the specified deadline, this case is 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. § 1915(b)(2), quoted above, and shall forward those installments to the court. The clerk of the court is directed to send a copy of this Memorandum and Order to the appropriate official at the plaintiff's institution. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: August 24, 2009: initial partial filing fee payment due. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party and the institution as ordered)(GJG)
August 26, 2009
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MEMORANDUM AND ORDER - The plaintiff's Motion for Enlargement of Time to Pay Filing Fee (filing no. 8) is granted. The initial partial filing fee and subsequent installments shall be collected and remitted, as funds exist, in the manner set forth in 28 U.S.C. § 1915(b)(2). Until the full filing fee of $350.00 is paid, the plaintiff shall be obligated to pay, and the agency having custody of the plaintiff shall forward to the clerk of the court, 20 percent of the preceding month's income in such months as the account exceeds $10.00. The clerk of the court shall serve a copy of this order on the appropriate financial officer for the plaintiff's current institution. The plaintiff shall have until September 25, 2009, to amend his Complaint to clearly state a claim against the defendants upon which relief can be granted, in accordance with this Memorandum and Order. If the plaintiff fails to file an amended complaint, the plaintiff's Complaint will be dismissed without further notice for failure to state a claim upon which relief may be granted. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: Check for amended complaint on September 25, 2009, and dismiss if none filed. Pro Se Case Management Deadline set for 9/25/2009. The plaintiff shall keep the court informed of his current address at all times while this case is pending. Failure to do so may result in dismissal without further notice. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party and to institution)(GJG)
November 3, 2009
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MEMORANDUM AND ORDER - The plaintiff's equal protection claim against defendant Connie Osborn is dismissed without prejudice. The clerk of the court is directed to terminate defendant Osborn as a defendant in this matter. To obtain service of process on the remaining defendant, the plaintiff must complete and return the summons form which the clerk of the court will provide. The clerk of the court shall send ONE (1) summons form and ONE (1) USM-285 form to the plaintiff together with a copy of this Memorandum and Order. The clerk of the court is directed to set a pro se case management deadline in this case with the following text: February 25, 2010: Check for completion of service of summons. ( Pro Se Case Management Deadline set for 2/25/2010.), Party Connie Osborn terminated. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party along with 1 Summons and 285 Form)(GJG)
November 24, 2009
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MEMORANDUM AND ORDER - The Clerk of the court shall send to the plaintiff Form AO 240, "Application to Proceed Without Prepayment of Fees and Affidavit." By December 24, 2009, the plaintiff shall either file a new Application to Proceed IFP or pay the court's $350 filing fee. If the plaintiff fails to comply with this memorandum and order, this case may be subject to dismissal after December 24, 2009, without further notice. The plaintiff is reminded to keep the court informed of his current address at all times while this case is pending; failure to do so could result in dismissal. The Clerk of the court is directed to set a pro se case management deadline with the following text: December 24, 2009: deadline for the plaintiff to file new IFP application or pay filing fee. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party with form as directed)(GJG)
January 4, 2010
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MEMORANDUM AND ORDER granting 19 Motion for Leave to Proceed in forma pauperis. Leave to proceed in forma pauperis is provisionally granted. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(GJG)