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15-3055 - Pare et al v. Britton et al


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15-3055 - Pare et al v. Britton et al
June 16, 2015
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MEMORANDUM AND ORDER - Each co-plaintiffAndre Thomas, Anthony Hancock, Brian Obst, Brian Spotts, Cory Mattly, Dennis Thomas, Eric Berning, Kenneth Capps, Kurt Brown, Lamar Dunn, Lamont Stuart, Matthew Meyer, Michael Fleming, Orlando Brewer, Ricky Fletcher, Terrence Thompson, Thad Junge, and William Jordanhas 30 days to advise the court in writing whether he wishes to continue as a plaintiff in this group action. If, by that deadline, any co-plaintiff advises the court that he does not wish to participate in the action, he will be dismissed from the lawsuit and will not be charged a filing fee for this action.3 This is the only way to avoid the obligation to pay a filing fee for this action. Alternatively, if any plaintiff wants to pursue his claims individually in a separate lawsuit, he must so advise the court in writing, and his claims will be severed into a new action where a filing fee will be assessed. Each co-plaintiff who chooses to continue as a plaintiff, either in thisaction or in a severed individual case, is hereby ORDERED to pay a fee of $400.004or file a properly completed motion for leave to proceed in forma pauperis ("IFP") within 30 days. The clerk of the court is directed to send the Form AO240 to each of the co-plaintiffsAndre Thomas, Anthony Hancock, Brian Obst, Brian Spotts, Cory Mattly, Dennis Thomas, Eric Berning, Kenneth Capps, Kurt Brown, Lamar Dunn, Lamont Stuart, Matthew Meyer, Michael Fleming, Orlando Brewer, Ricky Fletcher, Terrence Thompson, Thad Junge, and William Jordan. The plaintiffs are again WARNED that future group motions or pleadings that do not comply with the group pleading requirements discussed herein shall be stricken pursuant to Rule 11(a). The co-plaintiff's Motions for Leave to Proceed in Forma Pauperis (Filing Nos. 10, 11, and 12) are denied without prejudice to reassertion. Other pending motions (Filing Nos. 3, 13, 14, and 15) are denied because they do not comply with group pleading requirements. The clerk of the court is directed to send a copy of this order to each of the following individuals: Andre Pare, Andre Thomas, Anthony Hancock, Brian Obst, Brian Spotts, Cory Mattly, Dennis Thomas, Eric Berning, Kenneth Capps, Kurt Brown, Lamar Dunn, Lamont Stuart, Matthew Meyer, Michael Fleming, Orlando Brewer, Ricky Fletcher, Terrence Thompson, Thad Junge, and William Jordan. Ordered by Judge John M. Gerrard. (Copies mailed as directed with form to proceed in forma pauperis)(MKR)
September 11, 2015
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MEMORANDUM AND ORDER - Andre Pare and Ricky Fletcher are the only remaining plaintiff in this case. The court will enter a separate order on their requests to proceed in forma pauperis in this matter. Cory Mattly, Terrence Thompson, Kenneth Capps, Michael Fleming, Kurt Brown, Brian Spotts, Matthew Meyer, Dennis Thomas, Brian Obst, Eric Berning, Adam Koehler, Anthony Hancock, Orlando Brewer, and Thad Junge are dismissed from this action and they will not be required to pay the filing fee. Andre Thomas, Lamar Dunn, Lamont Stuart, and William Jordan are dismissed from this action without prejudice for want of prosecution and for failure to comply with an order from this court. They each incurred the obligation to pay the $350.00 filing fee for this action when they declined the opportunity to voluntarily withdraw from the case. The clerk of the court is directed to send a copy of this order to the financial officer at the plaintiffs place of incarceration. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and institution as directed) (MKR)
October 6, 2015
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MEMORANDUM AND ORDER - Plaintiff Andre Pare's Motion for Leave to Proceed IFP (Filing No. 2) is granted. Plaintiff must pay an initial partial filing fee of $10.50 within 30 days, unless the court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Plaintiff's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and forward those payments to the court. The clerks office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. Plaintiff is advised that, following payment of the initial partial filing fee, the next step in Plaintiffs case will be for the court to conduct an initial review of Plaintiff's claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The court will conduct this initial review in its normal course of business. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 11/9/2015: initial partial filing fee payment due) Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)
October 6, 2015
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MEMORANDUM AND ORDER- Plaintiff Ricky Fletcher's Motion for Leave to Proceed IFP (Filing No. 29) is granted. Plaintiff must pay an initial partial filing fee of $58.89 within 30 days, unless the court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Plaintiff's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and forward those payments to the court. The clerks office is directed to send a copy of this order to the appropriate official at Plaintiffs institution. Plaintiff is advised that, following payment of the initial partial filing fee, the next step in Plaintiff's case will be for the court to conduct an initial review of Plaintiff's claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The court will conduct this initial review in its normal course of business. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 11/9/2015: initial partial filing fee payment due) Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)
November 20, 2015
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MEMORANDUM AND ORDER - Pare has 30 days in which to show cause why this case should not be dismissed for his failure to pay the initial partial filing fee. In the absence of cause shown, this case will be dismissed without prejudice and without further notice as to him. Fletcher has 30 days in which to show cause why this case should not be dismissed for his failure to pay the initial partial filing fee. In the absence of cause shown, this case will be dismissed without prejudice and without further notice as to him. The clerk of the court is directed to set a pro se case management deadline in to show cause order. ***Pro Se Case Management Deadlines: check for response to show cause order. ( Pro Se Case Management Deadline set for 12/22/2015.) Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)
January 13, 2016
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MEMORANDUM AND ORDER - This matter is dismissed without prejudice for failure to pay the courts initial partial filing fee, and for failure to comply with a court order. The court will enter judgment by a separate document. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)