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16-101 - Fitzgerald v. Nebraska Department of Correctional Services et al


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16-101 - Fitzgerald v. Nebraska Department of Correctional Services et al
March 9, 2016
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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 $2.33 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 of the court is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: April 8, 2016: 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)
May 26, 2016
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MEMORANDUM AND ORDER that Plaintiff's Motion to Appoint Counsel (Filing No. 7) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
August 22, 2016
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MEMORANDUM AND ORDER - Plaintiff shall file an amended complaint by September 22, 2016, 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: September 22, 2016 check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
March 1, 2017
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MEMORANDUM AND ORDER - Plaintiff's claims for monetary relief against the Nebraska Department of Corrections and all other Defendants in their official capacities are dismissed as barred by the Eleventh Amendment. Plaintiff's claims for injunctive relief and declaratory relief are dismissed as moot. Plaintiff's claims regarding conditions of confinement, equal protection, and access to the courts are dismissed without prejudice for failure to state a claim. Plaintiff shall file a second amended complaint by March 30, 2017, that states a right to privacy claim upon which relief may be granted. Failure to file a second amended complaint within the time specified by the court will result in the court dismissing this case without further notice to Plaintiff. The court warns Plaintiff that any second amended complaint must comply with Federal Rule of Civil Procedure 8, which requires that every complaint contain "a short and plain statement of the claim showing that the pleader is entitled to relief" and that "each allegation... be simple, concise, and direct." Any second amended complaint will supersede, not supplement, Plaintiff's Complaint and Amended Complaint. The clerk of the court is directed to set a pro se case management deadline using the following text: March 30, 2017, check for second amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
April 17, 2017
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MEMORANDUM AND ORDER - 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)(GJG)