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09-3141 - Bush v. Bailey et al


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09-3141 - Bush v. Bailey et al
July 24, 2009
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MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff shall pay an initial partial filing fee of $2.53 by August 24, 2009. After payment of the initial partial filing fee, Plaintiff's institution shall collect the additional monthly payments. The Clerk of the court is directed to send a copy of this Memorandum and Order to the appropriate official at 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. Plaintiff shall keep the court informed of his current address at all times. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(JAE)
September 1, 2009
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MEMORANDUM AND ORDER - Plaintiff's Motion for Enlargement of Time to Pay Filing Fee 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. ยง 1915(b)(2). Until the full filing fee of $350.00 is paid, Plaintiff shall be obligated to pay, and the agency having custody of 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 Plaintiff's current institution. Plaintiff shall have until October 1, 2009, to amend his Complaint to clearly state a claim against Defendant Bailey upon which relief can be granted, in accordance with this Memorandum and Order. No summons will be issued until after Plaintiff has had an opportunity to amend his Complaint in accordance with this Memorandum and Order. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Review amended complaint on October 1, 2009. 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 Chief Judge Joseph F. Bataillon.(Copies mailed to pro se party and as directed) (KBJ)
November 5, 2009
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MEMORANDUM AND ORDER - To obtain service of process on Defendants, Plaintiff must complete and return the summons forms which the Clerk of the court will provide. The Clerk of the court shall send TWO (2) summons forms and TWO (2) USM-285 forms to Plaintiff together with a copy of this Memorandum and Order. Plaintiff shall, as soon as possible, complete the forms and send the completed forms back to the Clerk of the court. In the absence of the forms, service of process cannot occur. Upon receipt of the completed forms, the Clerk of the court will sign the summons forms, to be forwarded with a copy of the Amended Complaint to the U.S. Marshal for service of process. The Clerk of Court is directed to set a pro se case management deadlinein this case with the following text: March 4, 2010: Check for completion of service of summons. The parties are bound by the Federal Rules of Civil Procedure and by the Local Rules of this court. Plaintiff shall keep the court informed of her current address at all times while this case is pending. Failure to do so may result in dismissal.Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(PCV, )
November 12, 2009
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MEMORANDUM AND ORDER - Plaintiff shall have until December 14, 2009, to apprise the court of his current address, in the absence of which this case will be dismissed without prejudice and without further notice. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: December 14, 2009: deadline to inform court of new address. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(KBJ)
November 24, 2009
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MEMORANDUM AND ORDER - The Clerk of the court shall send to Plaintiff Form AO 240, Application to Proceed Without Prepayment of Fees and Affidavit. By December 24, 2009, Plaintiff shall either file a new Application to Proceed IFP or pay the court's $350 filing fee. If Plaintiff fails to comply with this memorandum and order, this case may be subject to dismissal after December 24, 2009, without further notice. 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 Plaintiff to file new IFP application or pay filing fee. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party along with blank IFP form) (KBJ)
December 28, 2009
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MEMORANDUM AND ORDER granting 19 Motion for Leave to Proceed in forma pauperis. Plaintiff may proceed without payment of fees. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JSF)
March 18, 2010
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MEMORANDUM AND ORDER - Plaintiff failed to serve summons on Defendants within 120 days of the filing of the Complaint in this matter. Plaintiff shall have 30 days, or until April 19, 2010, to show cause why this case should not be dismissed against Defendants. If Plaintiff does not respond, or if good cause is not shown, this action will be dismissed against Defendants without further notice. The Clerk of the court is directed to set a pro se case management deadline with the following text: April 19, 2010: deadline for Plaintiff to show cause why service of process was not completed for Defendants. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(KBJ)
April 27, 2010
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MEMORANDUM AND ORDER - Plaintiff has failed to comply with the court's directive, therefore, Plaintiff's action is dismissed without prejudice. Judgment shall be entered by separate document. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAB)