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17-3026 - Russell v. Mathews et al


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17-3026 - Russell v. Mathews et al
March 6, 2017
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MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2) is granted. Plaintiff must pay an initial partial filing fee of $7.14 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 Plaintiffs institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: April 6, 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 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 pro se party and as directed)(GJG)
April 27, 2017
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MEMORANDUM AND ORDER court's memorandum and order entered on March 6, 2017 (Filing No. 7) is set aside and vacated. The clerk of the court shall notify Plaintiff's institution to stop collecting partial filing fee payments and shall remit any funds already collected pursuant to the vacated order. Plaintiff's motion for leave to proceed in forma pauperis (Filing No. 2) is denied. Plaintiff has until May 30, 2017, to either show cause why this case should not be dismissed pursuant to 28 U.S.C. §1915(g) or pay the full $400.00 filing fee. In the absence of either action by Plaintiff, this matter will be dismissed without further notice. The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: May 30, 2017: Deadline for Plaintiff to show cause or pay full filing fee. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party, Finance, and as directed)(LAC)
June 9, 2017
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MEMORANDUM AND ORDER. Plaintiff's motion for reconsideration 11 is denied. This matter is dismissed without prejudice because Plaintiff failed to prosecute it diligently and failed to comply with this court's orders. The court will enter judgment by a separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MBM)