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15-327 - Swift v. Adams et al


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15-327 - Swift v. Adams et al
September 4, 2015
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MEMORANDUM AND ORDER that leave to proceed in forma pauperis 2 is provisionally granted, and the Complaint shall be filed without payment of fees. However, the court cautions Swift that abusing the privilege to proceed in forma pauperis could result in appropriate sanctions. Swift is advised that the next step in his case will be for the court to conduct an initial review of his claims to determine whether summary dismissal is appropriate under 28 U.S.C. ยง 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(LAC)
January 12, 2016
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MEMORANDUM AND ORDER that Swift will have 30 days in which to file an amended complaint. Failure to file an amended complaint within 30 days will result in the court dismissing this action without further notice. The clerk of the court is directed to set the following pro se case management deadline: February 16, 2016: check for amended complaint; dismiss if none filed. The court will conduct further review of any amended complaint to determine whether summary dismissal is appropriate. See 28 U.S.C. ยง 1915(e). Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LAC)
April 5, 2016
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MEMORANDUM AND ORDER that Plaintiff's claims for money damages against defendants NDHHS and Michelle Adams and Eustachia Moss in their official capacities as employees of NDHHS are dismissed based on Eleventh Amendment immunity. Plaintiff will have 30 days from the date of this Memorandum and Order to file an amended complaint that states a claim upon which relief can be granted as to Plaintiff's claims under the Fourth and Fourteenth Amendments (illegal search) and the Fifth and Fourteenth Amendments (due process) against defendants Michelle Adams and Eustachia Moss in their individual capacities. Failure to file an amended complaint or failure to sufficiently amend theclaims will result in dismissal of this action without prejudice and without further notice. The clerk's office is directed to set the following pro se case management deadline: May 5, 2016: check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
May 16, 2016
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MEMORANDUM AND ORDER that 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) (JSF)