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08-092 - Stewart v. McKenney et al


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08-092 - Stewart v. McKenney et al
May 12, 2008
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ORDER denying 4 Motion to Appoint Counsel ; denying as moot 4 Motion for Leave to Proceed in forma pauperis. Ordered by Senior Judge Warren K. Urbom. (EJL)
June 10, 2008
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MEMORANDUM AND ORDER - Plaintiffs claims against the State of Nebraska and Tom P. McKenney are dismissed without prejudice. Plaintiff's Application for Writ of Habeas Corpus (filing no. 6) will not be considered in this matter. Plaintiff shall have until July 8, 2008 to inform the court of whether he would like his Application to be filed as a separate action. If Plaintiff does intend to pursue his Application as a separate case, he must either pay the $5.00 filing fee or submit a Motion to Proceed In Forma Pauperis by July 8, 2008. If Plaintiff does neither, the court will deny the Application and dismiss the claims contained therein.The Clerk of the court is directed to send to Plaintiff the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. Plaintiff shall have until July 8, 2008 to amend his Complaint to clearly state a claim upon which relief can be granted against the City of Omaha and Douglas County, as set forth in this Memorandum and Order. In the absence of Plaintiff's filing an amended complaint, this case will be dismissed without prejudice and without further notice for failure to state a claim upon which relief may be granted. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Review amended complaint on July 8, 2008 and dismiss if not filed. ( Pro Se Case Management Deadline set for 7/8/2008.) Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party with forms as directed)(GJG, )
June 23, 2008
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MEMORANDUM AND ORDER - The clerk of the court is directed to file the document titled "Application for Writ of Habeas Corpus" (filing no. 6) as a new case. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(GJG, )
September 15, 2008
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MEMORANDUM AND ORDER regarding Memorandum and Order 11. IT IS THEREFORE ORDERED that: This matter is dismissed without prejudice because the plaintiff failed to prosecute this matter diligently and failed to comply with this courts orders. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(LKL)