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16-3180 - Rivera v. Frakes et al


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16-3180 - Rivera v. Frakes et al
November 30, 2016
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MEMORANDUM AND ORDER that the Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2) is granted. Plaintiff must pay an initial partial filing fee of $17.06 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 ppro se party and as directed) (LAC)ayments to the court. The clerk of the court is directed to send a copy of this 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: December 30, 2016: 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 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. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to
April 24, 2017
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MEMORANDUM AND ORDER that Plaintiff's claims for monetary relief against Defendants in their official capacities are dismissed as barred by the Eleventh Amendment. Plaintiff's claims for declaratory relief are dismissed as moot. Plaintiff's Eighth Amendment excessive force claim against Defendant Randy Ware in his individual capacity and related assault and battery state law claim against Defendant Randy Ware may proceed to service of process. All other claims against all other Defendants in their individual capacities are dismissed for failure to state a claim. Plaintiff's motion for counsel is denied without prejudice to reassertion. His requests for discovery and an injunction are denied. The clerk of the court is directed to obtain the current address for Defendant Randy Ware from the United States Marshals Service for service of process on Defendant Randy Ware in his individual capacity. Once such address is obtained, the clerk of the court is directed to complete a summons form and a USM-285 form for Defendant Randy Ware using the address provided by the Marshals Service and forward them together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service for service of process on the defendant in his individual capacity. The Marshals Service shall serve the defendant in his individual capacity using any of the following methods: personal, residence, certified mail, or designated delivery service. See Federal Rule of Civil Procedure 4(e); Neb. Rev. Stat. § 25-508.01 (Reissue 2016). The United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. The clerk of the court is directed to file under seal any document containing the personal address for Defendant Randy Ware. The clerk of the court is directed to set the following pro se case management deadline: July 24, 2017: check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
August 3, 2017
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MEMORANDUM AND ORDER - The 20 Motion to Withdraw as Attorney is denied without prejudice to reassertion in a motion that includes a full explanation of the reasons why the Attorney General's Office is unable to represent Defendant under § 81-8,239.06. If it is in their best interests to do so, counsel may file the motion under seal with the court. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)
August 7, 2017
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MEMORANDUM AND ORDER that Counsel's Motion to Seal (Filing No. 22) is granted. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
December 8, 2017
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MEMORANDUM AND ORDER that Plaintiff must update his address within 30 days. Failure to do so will result in dismissal of this action without further notice to Plaintiff. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: January 8, 2018: check for address. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
December 20, 2017
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ORDER - As previously ordered, Plaintiff is given until January 8, 2018 to update his address with the court. The failure to timely comply with this order will result in dismissal of Plaintiff's claims for want of prosecution and for failure to comply with the Courts rules and orders, with prejudice and without further notice. The clerk shall mail this order to Defendant at his address of record, and to Plaintiff at both his address of record and to 1625 E. Street, # 15, Lincoln, NE 68502. The clerk shall not modify the docket sheet at this time to reflect a new address for Plaintiff. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(LAC)
January 19, 2018
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as moot. The court will enter judgment by a separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)MEMORANDUM AND ORDER that this matter is dismissed with prejudice because Plaintiff failed to prosecute it diligently and failed to comply with this court's orders. Defendant Randy Ware's Motion to Compel (filing no. 35) is denied