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17-3130 - Dortch v. City of Omaha Police Officer Sundermeier


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17-3130 - Dortch v. City of Omaha Police Officer Sundermeier
October 11, 2017
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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) (LAC)MEMORANDUM AND ORDER that leave to proceed in forma pauperis is granted, 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
January 23, 2018
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MEMORANDUM AND ORDER - Plaintiff shall file an amended complaint by February 22, 2018, that states a claim upon which relief may be granted. Failure to file an amended complaint within the time specified by the court will result in the court dismissing this case without further notice to Plaintiff. The clerk of the court is directed to set a pro se case management deadline using the following text: February 22, 2018: check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KMM)
May 23, 2018
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MEMORANDUM AND ORDER - Defendant Officer Sundermeier in his official capacity is dismissed from this action for failure to state a claim upon which relief can be granted. This action may proceed to service of process only as to Plaintiff's Fourth Amendment search-and-seizure claim against Defendant Officer Sundermeier in his individual capacity. The clerk of the court is directed to obtain the last-known address for Defendant City of Omaha Police Officer Sundermeier from the United States Marshals Service for service of process on this Defendant 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 Sundermeier using the address provided by the Marshals Service and forward them together with a copy of the Complaint (filing no. 1), the Amended Complaint (filing no. 7), this court's previous Memorandum and Order on initial review (filing no. 6), and a copy of this Memorandum and Order to the Marshals Service for service of process on Defendant City of Omaha Police Officer Sundermeier in his individual capacity. The Marshals Service shall serve Defendant City of Omaha Police Officer Sundermeier in his individual capacity using any of the following methods: personal, residence, certified mail, or designated delivery service. 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 last-known personal address for the Defendant. Federal Rule of Civil Procedure 4(m) requires service of the complaint on a defendant within 90 days of filing the complaint. However, 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. The clerk of the court is directed to set the following case management deadline: August 21, 2018: check for completion of service of process. Because this case is related to Dortch v. Officer Shada, et al., 8:17CV377 currently assigned to Chief Judge Smith Camp, the Clerk of Court shall directly reassign this case to Chief Judge Smith Camp. Ordered by Senior Judge Richard G. Kopf. (Copy to USM and pro se party) (LKO)
August 22, 2018
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ORDER - The Motion to Withdraw 42 U.S.C. § 1983, ECF No. 21, is granted. The above-captioned action is dismissed, without prejudice. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(LKO)