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05-443 - Fudge v. Douglas County Correctionals et al


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05-443 - Fudge v. Douglas County Correctionals et al
October 4, 2005
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PRISONER PAYMENT ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The plaintiff shall pay an initial partial filing fee of $4.04 by November 9, 2005, unless an enlargement of time is granted in response to a written motion; in the absence of the initial partial filing fee by the specified deadline, this case may be subject to dismissal. Signed by Magistrate Judge F. A. Gossett on 10/4/2005. (Copy to institution) (JAR)
November 21, 2005
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ORDER in Initial Review as to plaintiff Thomas J. Fudge. ***Set/Reset All Deadlines: Service of Summons due by 2/22/2006. Signed by Magistrate Judge F. A. Gossett on 11/21/2005. (1 Summons and 285 Form mailed)(JAR) Modified on 11/23/2005 to correct service of summons date (CS, ).
March 22, 2006
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MEMORANDUM AND ORDER - This matter is before the court pursuant to Fed. R. Civ. P. 4(m) which establishes a time limit for service of process on the defendant in a civil case. The court notified the plaintiff of the deadline for service of process on the defendants in the court's Order on Initial Review. Because the plaintiff is proceeding in forma pauperis, the Clerk of Court provided forms for service of process to the plaintiff to complete and return to the court so that the U.S. Marshal could serve the defendants on the plaintiff's behalf. Also in the Order on Initial Review, the court notified the plaintiff that failure to effect timely service of process could result, without further notice, in dismissal of some or all defendants without prejudice. The deadline for service of process has expired, and the court's records show that the plaintiff did not complete and return the summons forms previously provided to him so that service of process could be accomplished. As no defendant has been served, the plaintiff's complaint and the above-entitled action are dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m). A separate judgment will be entered accordingly. Signed by Judge Richard G. Kopf on 3/22/2006. (JAR)