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16-3136 - Bush v. Mapes Inc.


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16-3136 - Bush v. Mapes Inc.
August 22, 2016
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ORDER provisionally granting the 2 Motion for Leave to Proceed in forma pauperis and the Complaint shall be filed without payment of fees. Plaintiff is advised that the next step in his case will be for the court to conduct an initial review of his claims to determine whether summary dismissal is appropriate under 28 U.S.C. ยง 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (MKR)
September 12, 2016
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mailed to pro se party) (LAC)MEMORANDUM AND ORDER that the Plaintiffs will have 30 days in which to file an Amended Complaint that states a claim upon which relief can be granted. Failure to file an Amended Complaint in accordance with this Memorandum and Order will result in dismissal of this action without further notice. The clerk's office is directed to set a pro se case management deadline using the following text: October 12, 2016: check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy
October 20, 2016
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the following text: "January 18, 2017: Check for completion of service of summons." Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)MEMORANDUM AND ORDER Plaintiff's claim that he received a one-day suspension because of his race may proceed to service of process. Upon being served, Defendant will be required to respond only to that claim. To obtain service of process on Defendant, 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 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 form, to be forwarded with a copy of the Complaint and the Amended Complaint to the U.S. Marshal for service of process. The Marshal shall serve the Summons, Complaint, and Amended Complaint without payment of costs or fees. Service may be by certified mail pursuant to Federal Rule of Civil Procedure 4 and Nebraska law in the discretion of the Marshal. The Clerk of the court will copy the Complaint and Amended Complaint, and Plaintiff does not need to do so. Federal Rule of Civil Procedure 4 requires service of a complaint on a defendant within 90 days of filing the complaint. However, because in this order Plaintiff is informed for the first time of these requirements, Plaintiff is granted, on the court's own motion, an extension of time until 90 days from the date of this order to complete service of process. Plaintiff is hereby notified that failure to obtain service of process on Defendant within 90 days of the date of this order may result in dismissal of this matter without further notice. A defendant has twenty-one (21) days after receipt of the summons to answer or otherwise respond to a complaint. The Clerk of the Court is directed to set a pro se case management deadline in this case with
April 21, 2017
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ORDER granting 37 Motion for Leave to Proceed in forma pauperis. Ordered by Chief Judge Laurie Smith Camp. (Copies mailed to pro se party and as directed)(SLP)