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16-3176 - Epp v. Frakes et al


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16-3176 - Epp v. Frakes et al
December 6, 2016
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ORDER that Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2) is granted. Plaintiff must pay an initial partial filing fee of $8.77 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, Plaintiffs 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 clerk's 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: January 5, 2017: initial partial filing fee payment due. 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 dLAC)etermine 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. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(
December 6, 2016
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, 2017: initial partial filing fee payment due. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(LAC)ORDER that Plaintiff's Motion for Leave to Proceed IFP (Filing No. 3) is granted. Plaintiff must pay an initial partial filing fee of $.16 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 clerk's 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: January 5
January 25, 2017
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ORDER - Plaintiff Dukhan Mumin will have 30 days to show cause why his case should not be dismissed for failure to pay the initial partial filing fee. In the absence of cause shown, this case will be dismissed as to Plaintiff Mumin without prejudice and without further notice. Pro Se Case Management Deadline set for 2/24/2017: check for response to show cause order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(SLP)
March 7, 2017
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MEMORANDUM AND ORDER that the clerk of the court is directed to (a) open a new case file which lists Dukhan Mumin as the sole plaintiff, (b) copy all docket entries from the present file into the new case file, (c) file this Memorandum and Order in both cases, and (d) terminate Dukhan Mumin as a party in the present case. On the court's own motion, the court will give each Plaintiff 30 days in whichto file an amended complaint that states a claim on which relief may be granted.Failure to file an amended complaint within 30 days will result in the court dismissingthe case without further notice to Plaintiff. The clerk of the court is directed to set the following pro se case managementdeadline in each case: April 6, 2017: check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
March 14, 2017
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MEMORANDUM AND ORDER that the Clerk of the court shall: Note on the docket sheet that the Second Supplemental Complaint 19 is stricken. Mail a copy of this Memorandum and Order to Dukhan Mumin in addition to serving a copy on Plaintiff Epp. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed to Dukhan Mumin and Plaintiff William Epp)(MKR)
June 15, 2017
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MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED: Any and all claims alleged against the State of Nebraska and the Nebraska Department of Correctional Services are dismissed without prejudice. Any and all claims alleged against Defendants Pete Ricketts, Michael Kenney, and Brian Gage, in their individual and official capacities are dismissed without prejudice. Any and all claims alleged against Defendants Scott Frakes, Scott Busboom, and Chuck Glen in their individual capacities are dismissed without prejudice. Plaintiff's second claim for relief (alleged unconstitutionality of Neb. Rev.Stat. § 25-1233(1)) is dismissed without prejudice. Plaintiff's third claim for relief (alleged unconstitutionality of Neb. Rev.Stat. § 29-2221) is dismissed without prejudice. Plaintiff's first claim for relief (alleged RLUIPA violations) is dismissed without prejudice insofar as Plaintiff seeks to recover damages or obtain any retrospective relief, but such claim may otherwise proceed to service of process as to Defendants Scott Frakes, Scott Busboom, and Chuck Glen in their official capacities only. For service of process on Defendants Frakes, Busboom, and Glen in their official capacities, the clerk of the court is directed to complete a summons form and a USM-285 form for each Defendant using the address "Office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509," and forward them together with a copy of the Amended Complaint and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendants in their official capacities at the office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509. See Federal Rule of Civil Procedure 4(j)(2); Neb. Rev. Stat. § 25-510.02 (Reissue 2016).5 The United States Marshal shall serve all process in this case withoutprepayment of fees from Plaintiff. The clerk of the court is directed to set the following pro se case management deadline: September 13, 2017: check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL)
October 16, 2017
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AMENDED ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE - Plaintiff's motion 33 for extension of time is granted. The Final Pretrial Conference will be held before the Magistrate Judge on May 24, 2018, at 11:00 a.m. Prior to the pretrial conference, all items as directed in NECivR 16.2 and full preparation shall have been completed so that trial may begin at any time following the Pretrial Conference. If a plaintiff is held in an institution, the pretrial conference will be by telephone. In that case, Defense counsel shall contact the plaintiff's institution in advance and arrange to initiate and place the conference call. The trial date will be set by the Magistrate Judge at the time of the Final Pretrial Conference. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: Pretrial conference before Magistrate Judge Cheryl Zwart to be held on May 24, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (CS)