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14-3177 - Rayes v. Houston et al


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14-3177 - Rayes v. Houston et al
September 3, 2014
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office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: October 6, 2014: initial partial filing fee payment due. Plaintiff's Motion to Appoint Counsel (Filing No. 6) is denied without prejudice to reassertion. Plaintiff's Motion for Return of Papers (Filing No. 7) is denied. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 10/6/2014: initial partial filing fee payment due) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and institution)(MKR)MEMORANDUM AND ORDER - Plaintiff's Motion for Waiver of Filing Fees (Filing No. 5) is denied. Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2) is granted. Plaintiff shall pay an initial partial filing fee of $3.48 within 30 days from the date of this Memorandum and Order, 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 will be dismissed. After payment of the initial partial filing fee, Plaintiff's institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. ยง 1915(b)(2), quoted above, and shall forward those installments to the court. The clerk's
September 17, 2014
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MEMORANDUM AND ORDER- Plaintiff is not entitled to proceed in forma pauperis on appeal. Plaintiff is advised that the appellate filing fee will not be deducted from his prison account at this time. However, if he seeks review of this decision by the Eighth Circuit Court of Appeals pursuant to Rule 24(a)(5) of the Federal Rules of Appellate Procedure, the filing of that motion will result in the immediate assessment of the $505.00 appellate filing fee. See Henderson v. Norris, 129 F.3d 481, 484 (8th Cir. 1997). The clerk's office is directed to forward a copy of this Memorandum and Order to the Eighth Circuit Court of Appeals. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(MKR)
December 9, 2014
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MEMORANDUM AND ORDER that plaintiff shall have 30 days from the date of this Memorandum and Order to file an amended complaint. The clerk's office is directed to set a pro se case management deadline in this case using the following text: January 9, 2015: Check for amended complaint. Plaintiff's requests for extensions of time and to supplement his pleadings (Filing Nos. 11, 19, and 22) are denied as moot. Plaintiff's request for preliminary injunctive relief (Filing No. 18) is denied without prejudice. Plaintiff's request that this court hold the clerk of court in contempt (Filing No. 27) is denied. The clerk's office is directed to send to Plaintiff a copy of the docket sheet in this matter. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with a copy of the docket sheet as directed) (ADB)
April 14, 2015
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MEMORANDUM AND ORDER that plaintiff's claims against Frank Hopkins, Diane Sabatka-Rine, Michael Edison, and Dennis Bakewell are dismissed without prejudice. This action may proceed to service of process as to Plaintiff's claims against Robert Houston, Michael Kenney, Larry Wayne, Samuel Shaw, Lannette Griffin-Mack, and Holly Rohde, in their individual and official capacities. The clerk of the court is directed to send to Plaintiff a copy of the Complaint and Amended Complaint, a copy of this Memorandum and Order, and 12 summons forms and 12 USM 285 Forms for service on Houston, Kenney, Wayne, Shaw, Griffin-Mack, and Rohde in their individual and official capacities. Upon receipt of the completed forms, the clerk of the court will sign the summons forms and forward them to the Marshal for service on Defendants, together with copies of the Complaint and Amended Complaint. In the event Plaintiff asks the United States Marshal to serve process, the clerk of the court will make copies of the Complaint and Amended Complaint for service on Defendants. The clerk of the court is directed to set the following pro se case management deadline: August 5, 2015: check for completion of service. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with forms as directed) (ADB)
August 26, 2015
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MEMORANDUM AND ORDER that Plaintiff is ordered not to file any amended pleadings, or supplements to his pleadings, without first getting leave of the court pursuant to NECivR 15.1. Failure to comply with the court's local rules or the court's orders may warrant dismissal of this action. Plaintiff's request for appointment of counsel (Filing No. 40) is denied, and his requests for leave to resurrect previously-dismissed claims, serve previously-dismissed defendants, and lodge additional allegations against the remaining defendants (Filing Nos. 39 and 40) are denied without prejudice to reassertion in a proposed amended complaint filed in compliance with this order and the court's local rules. The clerk of the court is directed to send to Plaintiff a copy of the court's local rules. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with a copy of the local rules)(ADB)
January 28, 2016
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ORDER that Plaintiff shall notify the court of his new address on orbefore February 24, 2016, or this action shall be dismissed without prejudice andwithout further notice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
March 9, 2016
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MEMORANDUM AND ORDER Plaintiff's claim for injunctive relief as against all defendants is dismissed as moot due to his release from prison; Plaintiff's claims for monetary relief against defendants Houston, Kenney, Wayne, Shaw, Griffen-Mack in their official capacities are dismissed as barred by the Eleventh Amendment; and Plaintiff's remaining claims against all defendants in their individual capacities are dismissed for failure to state a claim upon which relief may be granted pursuant to Fed. R. Civ. P. 12(b)(6). Accordingly, Defendants' Motions to Dismiss (Filing No. 52; Filing No. 63) are granted, and such claims are dismissed with prejudice. Pursuant to the court's prior order (Filing No. 35), Plaintiff's claims against defendants Hopkins, Sabatka-Rine, Edison, and Bakewell are dismissed without prejudice. Plaintiff's Motion for Appointment of Counsel (Filing No. 70) is denied. Final judgment dismissing this case shall be entered by separate document.Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
June 15, 2016
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MEMORANDUM AND ORDER that Plaintiff's Notice of Appeal 82 was not timely filed. Plaintiff's Motion for Leave to Appeal In Forma Pauperis 83 is denied. The clerk of the court is directed to send a copy of this order to the Eighth Circuit Court of Appeals. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed) (JSF)